^^m^m^^^^m 








Class LB^iS-d 

Book— 



///.r 



OFFICIATE DONATION. 



THE 



School Law^ 



OF 



T¥est Virginia 



AND 



Opinions of the Attorney-General and Decisions of the State 
Superintendent of Free Schools 



T^ITH EXPLANATIONS AND FORMS 



REVISED AND ABEANGED BY 

THOS. C. MILLER, 

STATE SLTPERINTENDENT OF FREE SCHOOLS 




Charleston: 
The Tribune Printing Co 
1907. 



L — ' f- i f*' J 



!m\ 



SCHOOL CALENDAR 



SCHOOL CALENDAR 

JULY • 

1. School year begins. 

Member of board takes office. 

(Or before) Assessor certifies value of property. 

(Or before) Sheriff settles with Board of Education. 

(Before 1st day of July) Sheriff reports delinquent property. 

1st Monday. Board of Education meets. 

(Or as soon thereafter as practicable) Board of Education lays levies. 

1st Wednesday. Presidents meet to appoint examiners. 

4. Legal holiday. 

3rd Monday. Trustees meet to employ teachers. 

20. (Or before) Secretary reports rate of levy. 

AUGUST. 

1. (Or before) County Superintendent makes report to S'tate Superintendent. 

SEPTEMBER. 

1. Auditor reports condition of school fund to State Superintendent. 
1st Monday. Legal holiday. 

NOVEMBER. 

Last Thursday. Thanksgiving Day. Legal holiday. 

DECEMBER. 

25. Christmas. Legal holiday. 

JANUARY. 

1. New Year's Day. Legal holiday. 

(Or before) State Superintendent makes report to Governor. 

FEBRUARY. 

22. Legal holiday. 

APRIL. 

1. (Or before) Teachers make enumeration. 

15. (Or before) Secretary transmits copy of enumeration to County Superintend- 
ent. 

MAY. 

1. (Or before) County Superintendent forwards to State Superintendent report 
of enumeration. 
30. Legal holiday. 

June. 
10. (Or before) Auditor notifies State Superintendent of amount of general or 

distributable school fund. 
30. School years ends. 



CONSTITUTIONAL PROVISIONS 

RELATING TO THE 

SCHOOL SYSTEM OF WEST VIRGINIA 



AETICLE IV 



5. Every person elected or appointed to any office, oath of office, 
before proceeding to exercise tlie authority, or discliarge 

the duties thereof, shall make oath or affirmation that he 
will support the Constitution of the United States and 
the Constitution of this State, and that he will faithfully 
discharge the duties of his said office to the best of his 
skill and judgment; and no other oath, declaration, or 
test shall be required as a qualification, unless herein 
otherwise provided. 

6. All officers elected or appointed under this Consti- Removal 
tution, may, unless in cases herein otherwise provided*''*'™ '^ ^^' 

'for, be removed from office for official misconduct, 
incompetence, neglect of duty, or gross immorality, in 
such manner as may be prescribed by general laws, and 
unless so removed, they shall continue to discharge the 
duties of their respective offices, until their successors 
are elected, or appointed and qualified. 

^ ^ •!» H* •!■ -l* 

8. The Legislature, in cases not provided for in this Legislature 
Constitution, shall prescribe by general laws, the terms ^grPg^of"*'^® 
of office, powers, duties and compensation of all public office, 
officers and agents, and the manner in which they shall 
be elected, appointed and removed. 

AETICLE VIII 

27. Each county shall be Jaid off into districts, not Districts, 
less than three nor more than ten in number, and as 
nearly equal as may be in territory and population. 



School Law of West Virginia 
AETICLE IX 



officers sub- ^' "^^^ Presidents of the County Courts, the Justices 
ject to indict- of the Peace, Sheriffs, Prosecuting Attorneys, Clerks of 
°^^°^- the Circuit and of the County Courts, and all other 

county officers, shall be subject to indictment for mal- 
feasance, misfeasance, or neglect of official duty, and on 
conviction thereof, their offices shall become vacant. 

I. I am inclined to ttie opinion tliat tlie words "all other county 
officers," as used in ttiis section. Include members of boards of educa- 
tion, although they are elected in districts. This is by no means 
clear, however. This section is in force ex propria vigore and needs 
no additional legislation.. — Alfred Caldwell, Attorney-Oeneral. 

AETICLE X 



Capitation 3. The Legislature shall levy an annual capitation tax 

*^^' of one dollar upon each male inhabitant of the State 

who has attained the age of twenty-one years, which 

shall be annually appropriated to the support of Pree 

Schools. Persons afflicted with bodily infirmity may be 

exempted from this tax. 

****** 

Power of Leg- 5. The power of taxation of the Legislature shall 
isiature to extend to provisions for the payment of the State debt, 
and interest thereon, the support of free schools, and 
the payment of the annual estimated expenses of the 
State; but whenever any deficiency in the revenue shall 
exist in any year, it shall, at the regular session thereof 
held next after the deficiency occurs, levy a tax for the 
ensuing year, sufficient with the other sources of income, 
to meet such deficiency, as well as the estimated expenses 
of such year. 

* * * :]; * * 

County taxes '^ ■ County authorities shall never assess taxes, in any 
not to exceed one year, the aggregate of which shall exceed ninety- 
five cents per hundred dollars valuation, except for the 
support of free schools; payment of indebtedness exist- 
ing at the time of the adoption of this Constitution; and 
for the payment of any indebtedness with the interest 
thereon, created under the succeeding section, unless 
such assessment, with all questions involving the in- 
crease of such aggregate, shall have been submitted to 
the vote of the people of the county, and have received 
three-fifths of all the votes cast for and against it. 

See Brannon vs. County Court, 33 W. Va., p. 789, construing this 
section. 

deMedness" ^' "^^ county, city, school district, or municipal cor- 
poration, except in cases where such corporations have 



School Law of West Virginia 7 

already authorized their bonds to be issued, shall here- 
after be allowed to become indebted, in any manner, or 
for any purpose, to an amount, including existing in- 
debtedness in the aggregate, exceeding five per centum 
on the value of the taxable property therein to be ascer- 
tained by the last assessment for State and county taxes, 
previous to the incurring of such indebtedness ; nor with- 
out, at the same time providing for the collection of a 
direct annual tax, sufficient to pay, annually, the interest 
on such debt, and the principal thereof, within, and not 
exceeding thirty - four years ; Provided, That no debt No debt ex- 

CGDt DV VOtO 

shall be contracted under this section, unless all ques- of people. 
tions connected with the same, shall have been first sub- 
mitted to a vote of the people, and received three-fifths 
of all the votes cast for and against the same. 

ARTICLE XII 

'1. The Legislature shall provide by general law, for 
a thorough and efficient system of Free Schools. 

See 4 W. Va., p. 499. 

2. The State Superintendent of Free Schools shall General 

, 1 '- . . J, J. , , 1 J? supervision. 

have a general supervision ot tree schools, and periorm 
such other duties in relation thereto as may be pre- 
scribed by law. If in the performance of any such duty 
imposed upon him by the Legislature, he shall incur any 
expenses, he shall be reimbursed therefor; Provided, 
The amount does not exceed five hundred dollars in any 
one year. , 

3. The Leffislature may provide for county superin- County super- 
j T , T 1 J.1 en ^ 1 intendents. 
tendents, and such other otncers as may be necessary to 

carry out the objects of this Article, and define their 

duties, powers and compensation. 

4. The existing permanent and invested school fund, School fund. 
and all money accruing to this State from forfeited, de- 
linquent, waste and unappropriated lands; and from 

lands heretofore sold for taxes and purchased by the 
State of Virginia, if hereafter redeemed or sold to others 
than this state; all grants, devises or bequests that may 
be made to this State for the purposes of education or 
where the purposes of such grants, devises or bequests 
are not specified; this State's just share of the literary 
fund of Virginia, whether paid over or otherwise liqui- 
dated; and any sums of money, stocks, or property, 
which this State shall have the right to claim from the 
State of Virginia for educational purposes; the proceeds 
of the estates of persons who may die without leaving a 
will or heir, and of all escheated lands ; the proceeds of 
any taxes that may be levied on the revenues of any cor- 
poration; all moneys that may be paid as an equivalent 



8 School Law of West Virginia 

for exemption from military duty; and such sums as 
niay, from time to time, be appropriated by the Legis- 
lature for the purpose, shall be set apart as a separate 
fund to be called the "School Fund," and invested un- 
der such regulation as may be prescribed by law, in the 
interest bearing securities of the United States, or of 
this State, or if such interest bearing securities cannot 
Board o^the be obtained, then said "School Fund" shall l-e invested 
m such other solvent interest bearing securities as shall 
be approved by the Governor, Superintendent, of Free 
Schools, Auditor and Treasurer, who are hereby consti- 
tuted the "Board of the School Fund," to manage the 
same under such regulations as may be prescribed by 
law; and the interest thereof shall be annually applied 
to the support of Free Schools throughout the State, 
and to no other purpose whatever. But any portion of 
said interest remaining unexpended at the close of the 
fiscal year shall be added to, and remain a part of, the 
capital of the "School Fund" ; Provided, That all taxes 
which shall be received by the State upon delinquent 
lands, except the taxes due to the State thereon, shall be 
refunded to the county, or district by or for which the 
same were levied. 

SCHOOL PUND AMENDMENT. 

Ratified at the General Election in November, 1902. (See Joint 
Resolution No. 11, Acts 1901, p. 465.) 

That the following be proposed as an amendment to 
the Constitution of this State : 

The accumulation of the School Fund provided for in 
section four of article twelve, of the Constitution of this 
State, shall cease upon the adoption of this amendment, 
and all money to the credit of said fund over one million 
of dollars, together with the interest on said fund, shall 
be used for the support of the Free Schools of this State. 
All money and taxes heretofore payable into the treasury 
under the provision of the said section four, to the credit 
of the School Fund, shall be hereafter paid into the 
treasury to the credit of the General School Fund for 
the support of the free schools of the State. 
Legislature 5. The Legislature shall provide for the support of 

Pre^'' School^ ^^6e schools, by appropriating thereto the interest of the 
,1 invested "School Fund," the net proceeds of all forfeit- 
ures and fines accruing to this State under the laws 
thereof; the State capitation tax; and by general taxa- 
tion of persons and property, or otherwise. It shall also 
provide for raising, in each county or district, by the 
authority of the people thereof, such a proportion of 
the amount required for the support of Free Schools 
therein as shall be prescribed by general laws. 



School Law of West Virginia 9 

6. The school districts into which any county is now 
divided shall continue until changed in pursuance of 
law. 

7. All levies that may be laid by any county or dis- Levies to be 
trict for the purpose of free- schools shall be reported c1erk**(rf ^'^ 
to the Clerk of the County Court, and shall, under such County Court, 
regulations as may be prescribed by law, be collected 

by the Sheriff, or other collector,- who shall make an- 
nual settlement with the County Court; which settle- 
ments shall be made a matter of record by the Clerk 
thereof, in a book to be kept for that purpose. 

8. White and colored persons shall not be taught in 
the same school. 

9. No person connected with the free school system school officers 
of the State, or with any educational institution of any P^*gj.*°g^^^ j^^ 
name or grade, under State control, shall be interested sale of books, 
in the sale, proceeds or profits of any book or other 

thing used, or to be used therein, under such penalties 
as may be prescribed by law; Provided, That nothing 
herein shall be construed to apply to any work written 
or thing invented by such person. 

10. Ko independent Free School district, or organiza- independent 
tion shall hereafter be created, except with the consent ^^®*'^''^*®" 
of the school district or districts out of which the same 

is to be created, expressed by a majority of the voters 
voting on the question. 

11. ISTo appropriation shall hereafter be made to any Normal 
State Kormal School, or branch thereof, except to those ^'^^"o^^- 
already established, and in operation, or now chartered. 

12. The Legislature shall foster and encourage moral. Legislature to 
intellectual, scientific and agricultural improvement; it provemen^ts™ 
shall, whenever it may be practicable, make., suitable 
provision for the blind, mute and insane, and for the 
orgaijization of such institutions of learning as the best 
interests of general education in the State may demand. 



10 



School Law of West Virginia 



THE SCHOOL LAW. 



CHAPTEE XLV 



Education 



School dis- 
tricts. 



Election of 
County Su- 
perintendent. 
Term of office. 



Election of 
President and! 
commission- 
ers. Term of 
office. 



Board of edu- 
cation ; who 
constitute. 



1. Every magisterial district in each of the counties 
of the State shall be a school district, and the same shall 
be divided into such number of sub-districts as may be 
necessary for the convenience of the free schools 
therein. The j^resent districts and sub-districts shall 
Remain until changed in the manner prescribed by law. 

2. A county superintendent of free schools in each 
county shall be elected by the voters thereof, at the 
general election held on the Tuesday after the first Mon- 
day in November, 1894, and every four years thereafter, 
whose term of office shall commence on the first day of 
July next after his election and continue for four years 
and until his successor shall be elected and qualified ac- 
cording to law. 

There shall also be elected at said election, in each 
district pf the county, by the voters thereof, and every 
four years thereafter, a president of the board of educa- 
tion, whose term of office shall commence on the. first 
day of July next after his election, and continue for four 
years, and until his successor is elected, and qualified 
according to law. There shall also be elected at the 
same time in each district in the county by the voters 
thereof, one commissioner at the general election held 
on the Tuesday after the first Monday in November, 
1894, a successor to .the commissioner elected in May, 
1891, and every two years thereafter one commissioner, 
whose term of office shall commence on the first day of 
July next after their election, and continue for four 
years, and until their successors are elected and qualified 
according to law. 

The said president and commissioners shall constitute 
the board of education in the district in which they are 
elected. No person shall be eligible to more than one 
office under the provisions of this chapter at the same 



School Law of West Virginia 11 

time. The county superintendent of free schools shall, 
immediately upon receiving the certificate of election 
from the commissioners of the county court, forward a 
written notice thereof to the State Superintendent of 
Free Schools. 

In case of a tie in the vote for members of the board Tie vote ; how 
c*f education, the county superintendent of free schools <^<^cided. 
shall give the casting vote; and in case of a tie in the 
vote for a county superintendent of free schools, the 
presidents of the several boards of education in the 
county shall, at a meeting called for that purpose, at the 
court house of the county, by the clerk of the county 
court, not less than six nor more than twelve days after 
the result of such election is ascertained, appoint one of 
the persons receiving the highest number of votes for 
said office, at the said election, as county superintendent 
of free schools, who shall give notice as aforesaid, to the 
State Superintendent of his appointment. A notice of 
such ^meeting shall be made out by the clerk of the 
county court, and served upon each president of the 
board of education in the covmty at least three days 
before the day of such meeting, by the sheriff, or other 
officer, to whom the same may be delivered to be served. 

The ballots used at said election shall also have writ- 
ten or printed thereon the words, ''For school levy," or Levy. 
"'Against school levy," as the voter may choose, and the 
boards of ballot commissioners in the several counties of 
this State shall have printed at the bottom of each ticket 
on the official ballot in separate lines the words "For 
school lev}^," and "Against school levy"; and upon the 
application of the board of education of any district they 
shall also have printed on said ballots the words, "Forincrease in 

months school," and "Against months school," school term. 

as provided in this chapter. 

If a majority of the ballots cast upon the question of 
laying the school levy in a district, have written or 
printed thereon, "For school lev}^," it shall be the duty 
of the board of education to make the levies required by 
the 38th and 40th sections of this chapter, annually, for 
the next four years; but if a majority of the ballots cast 
in a district have written or printed thereon, "Against 
school levy," no levy shall be made by said board for 
the year next succeeding. But it shall be the duty of special eiec- 
said board to cause a special election to be held on the tion; for what 
Tuesday after the first Monday in November, next there- when°^'' ' 
after, at which the question of levy, or no levy, shall in 
like manner be again submitted to the people for their 
decision, and if a majority of the ballot^ cast at such 
special election be, "For school levy," such levy shall be 
made as hereinbefore required. 



12 School Law of West Virginia 

Secretary to Of every such special election the secretary of the 
fiection/*^^ ° board of education of the district shall give notice, by 
posting the same at each place of voting in the district 
at least ten days before the day on which the same is to 
be held. The election to be held on the third Tuesday 
in May, 1893, for the jmrpose of electing county super- 
intendents of free schools in the different counties of 
this State, and members of the various boards of educa- 
tion, shall be held according to law; but their terms of 
office shall expire as soon as their successors are elected 
and qualified, at the election to be held on the first Tues- 
day after the first Monday in ISTovember, 1894. 

I. A person elected to any office, whether State, county or district, 
must be a resident of the political division to which his powers and 
duties are limited. (See Code, chap, vii, sec. 3.) 

II. The removal of residence of a member of the board of educa- 
tion from his district would vacate his office under the provisions of 
section 6 of chapter 7 of the Code. — C W. May, Attorney-General. 

Special eiec- 2fl. For the purpose of carrying out the provisions 
tions for levy, ^f gection two of chapter forty-five of the Code, pro- 
viding for school levies the board of education of any 
school district, or any independent school district, in 
this State, that failed to authorize a school levy, by a 
popular vote at the general election held in one thousand 
nine hundred and two, or that may hereafter fail to 
authorize a school levy by a popular vote at any general 
election, as provided in said chapter forty-five, shall, if 
twent}'' or more voters of the district ask it in writing, 
submit the question of laying a school levy to the voters 
of the district at a special election to be held in such dis- 
trict at such time as the board of education of the dis- 
trict may designate. The secretary of the board of edu- 
cation shall post notices of such special- election at all 
the voting places in the district at least ten days before 
the day on which the election is to be held. If a majority 
of the votes cast are "For School Levy" the board of 
education shall lay the levies in the manner provided by 
sections thirty-eight and forty of said chapter forty-five 
of the Code. 
Levy for It shall be the duty of the board of education to order 

term.''^^^*^ a special election conducted in like manner to determine 
the question when twenty or more of the voters of any 
district or independent district ask in writing for more 
than five months school in any year, involving an addi- 
tional levy. 
Commission- 3. Any persoii who may act as commissioner of any 
er of election, election, held under any of the provisions of this chap- 
ter, who shall wilfully reject the vote of any person en- 
. titled to vote at said election, or receive the vote of any 
person not so entitled, or who shall knowingly make 



School Law op West Virginia 13 

any false return of the result of any such election, or of 
any poll held at any place of voting, shall be guilty of 
a misdemeanor, and fined not less than fifty dollars, and 
imprisoned not less than twenty days. 

4. At the meeting of the district board of education, Trustees, 
held on the first Monday in July, 1881, they shall ap- ^pp^*"*™*'"* 
point three intelligent and discreet persons, as trustees 

for each sub-district in their district, one of whom shall 
be appointed for one year, one for two years, and one 
for three years; and the board of education shall there- 
after annually appoint one trustee, who shall hold his 
office for three 5^ears; and the said trustees shall hold 
their respective offices until their successors are appoint- 
ed and qualified. * 

5. Vacancies in the office of school trustee shall be Vacancies. 
filled by the board of education for the unexpired term; 

and in the board of education, by* the county superin- 
tendent of free schools, for the unexpired term. 

III. The appointment of a person to fill a vacancy of president of 
the board of education makes such person president of the board. 

IV. Vacancy in the office of county superintendent is filled by the 
presidents of the boards of education. 

V. Section 3 of Article XII of the Constitution provides that the 
Legislature may provide for county superintendents and other school 
ofScers and defines their duties, powers and compensation. Section 
5 of chapter 45 delegates to the county superintendent the power 
to fill vacancies in the board of education for the unexpired term. I 
do not think section 7 of Article IV of the Constitution or sections 
S, 9 or 10 of chapter 4 of the Code control as to appointment of mem- 
bers of boards of education. I am, therefore, of the opinion that 
persons appointed by the county superintendent to fill vacancies in 
the board of education hold for the unexpired term.-^J". 8. Riley, 
Attorney-General. 

ha. Every school trustee, and every president and '^l5?®j^^t 
commissioner of the board of education elected within qualify. 
this State shall, within ten days after his election has 
been duly declared, qualify as such by taking and sub- 
scribing, before some one duly authorized to admin- 
ister oaths, within his county, the oath of office pre- 
scribed by section five of article four of the Constitution, 
which oath shall be filed with the secretary of the board 
of education of his district. 

VI. I am of the opinion that the oath of office must be taken by 
a person elected a member of the board of education within ten days 
after the result of the election is declared by the board of canvassers, 
and any person, though having received a plurality of the votes, who 
does not, within ten days from the time the board of canvassers de- 
clared the result, take the oath of office and file the same with the 
secretary of the board of education of his district, has forfeited his 
right to said office and the person in office at the time of the elec- 
tion is entitled to hold over for the ensuing term. — Clarke W. May, 
Attorney-General. 

Sec. 6. The boards of education of the several districts Annual 
shall hold their first meeting for each school year on the meeting of 
first Monday in July. At this meeting they shall deter- Education, 
mine the number of teachers that may be employed in the 
several sub-districts, and fix the salaries that shall be 
paid to the teachers. In determining the salaries, they 



14 



School Law of West Virginia 



A quorum 
shall consist 
of what. 



shall have regard to the grade of teachers' certificatea, 
fixing to each grade the salary that shall be paid to teach- 
ers of said grade in the several sub-districts as follows : 
Grades of Teachers having certificates of the grade of number one 
and salades. shall be paid not less than thirty-five dollars per month; 
those holding certificates of the grade of number two, 
not less than thirty-dollars per month; and those holding 
certificates of the grade of number three not less than 
twenty-five dollars per month. And the trustees of the 
several sub-districts shall in no case transcend or dimin- 
ish the salaries so fixed in any contract they may make 
with teachers. A quorum of the board of education shall 
consist of a majority of the members thereof, and in the 
absehce of the president, one of said members may act 
as such; but they shall do no official business except when 
assembled as a board, and by due notice to all the mem- 
bers, except that the* president and secretary may sign 
orders upon the sheriff for any sum of money which may 
have been already ordered to be paid. The members of 
Compensation the board of education shall each receive as compensa- 
ot members tion for their services the sum of one dollar and fifty 
cents per day, to be paid in like manner as the salary of 
the clerk of the board of ed^ication; Provided^ That no 
member shall receive pay for more than seven days' 
service in an}^ one year, one day of which shall be spent 
in attending a teachers' institute. 

VII. Boards of education fix the term of school for the whole dis- 
trict. , 

VIII. If a sub-district for any cause fail to have a school in any 
year it can not have a longer term than the other schools of the 
district in the following year. 

IX. If officers of town corporations also act as the school board 
for the independent district, they are entitled to the same pay as 
district school officers of the same grade : Provided, they receive no 
compensation from the town corporation for their services. 

X. Only one payment of $1.50 per day, for not exceeding seven days 
can be made for services of any member of a board of education, 
and the successor gets nothing if the predecessor received pay for the 
seven days allowed. — Alfred Caldwell, Attorney-General. 

XI. The board have the power to fix the salary to be paid teachers 
as a class based upon the grade of the certificate they hold, but in 
my opinion they can not require the trustees to employ a teacher of a 
certain grade. The trustees have the unquestioned right to employ 
a teacher of any grade certificate which entitled him or her to teach, 
and pay the salary fixed by the board for that grade. — T. 8. Riley, 
Attorney-General. 

i 

7. The board of education of each district and inde- 
pendent school district shall be a corporation by the 
name of "The board of education of the district or inde- 
pendent school district of — , in the county of 

-", and as such may sue and be sued, plead and 



Board of 
Education a 
Corporation. 



be impleaded; and as such corporation, shall succeed and 
be substituted to all the rights of the former township 
and district boards of education; and may prosecute and 



School Law of West Virginia 15 

maintain any and all suits and proceedings now pending 
or which might have been brought and prosecuted in the 
name of any such former board of education for the re- 
covery of any money or property, or damage to any 
property due to or vested in such former board. 

The said board shall also be liable in its corporate ca- Property 
pacity for all claims legally existing against the board of boards, 
education of which it is successor. Said board shall re- 
ceive, hold and dispose of according to the rules of law 
and the intent of the instrument conferring title, any 
gift, grant, devise or bequest, made for the use of any 
free school or schools under their Jurisdiction; and with- 
out any transfer or conveyance, shall be deemed the owner 
of the real and personal property of their district, and 
the property of the former township or district for which 
their district was substituted. 

Process and notice may be served on said corporations Process on 
by delivering a copy thereof to the secretary, or any two served. ^*^^ 
members of the board. And all suits or proceedings 
now pending in any of the courts of the State, in the 
name of the board of education of any district for any 
demand or claim in favor of the board of education of 
any township or district, are hereby made valid. 

8. The board of education, at their first meeting after f^'^^'^'^^'L^of 
their election, shall appoint a secretary, who shall not be Education, 
a member of the board, and who shall attend all meet- 
ings of the board, and record their official proceedings 
in a book kept for that purpose, which record shall be 
attested by his signature and the signature of the presi- 
dent of the board, and which shall, at all reasonable 
times, be open to the inspection of any person interested 
therein; he shall have the care and custody of all papers 
belonging to the board containing evidence of title, con- 
tracts or obligations, or being otherwise valuable, and 
preserve the same in his office, properly arranged for 
reference, and shall record and keep on file in his office 
such papers and documents as the board or the law may 
direct. 

He shall keep such accounts and prepare and certify secretary ; 
such reports and writing pertaining to the business of reports of. 
the board, as the board or law may direct. He shall pub- 
lish within three days after any meeting of the board of 
education an abstract of the proceedings thereof, by 
posting the same at the front door of the place of meet- 
ing. He shall within ten days after the annual levy is 
laid certify to the county superintendent of free schools, 
the total value of all property, real and personal, in his 
district, with rate of levy, and amount thereof, keeping 
separate the rates and amounts of teachers' and building 
funds; and said superintendent shall within twenty days 



16 



School Law of West Virginia 



certify the same to the State Superintendent of Free 
Schools, using blanks therefor, furnished by said State 
Superintendent. He shall also have authority to admin- 
ister oaths to school officers in all cases where they are 
required to take an oath as such. 

Secretary; For his servicos as secretary he shall receive such 

compensation ,• xi i n t j. • j? x 

of. compensation as the board may determine irom year to 

year, not to exceed fifteen dollars, to be paid out of the 
building fund by an order drawn by the county superin- 
tendent, when after an examination by said superinten- 
dent of said secretary's books, they are found to be cor- 
rect. But such order shall not be drawn until the sec- 
retary shall have made his annual report to the county 
superintendent as hereinafter provided, and be approved 
by the said county superintendent. (See also Sec. 21.) 

XII. Teachers are- school officers. 

XIII. The office of secretary of the board of education is held at the 
will of tlie board. The secretary may be relieved at any time by the 
board. 

XIV. The secretary's annual report cannot be completed before the 
sheriff's settlement with the board of education. Coimty superin- 
tendents are forbidden by law to issue orders for the pay of secre- 
taries until they present correct and complete reports. 

XV. The law does not specify who shall call the meetings of the 
board. The board should adopt a rule upon this subject at its first 
meeting in the school year, when all its members are present. 

Education- ^- '^^^^ boards of education shall have general control 

powers and and supervision of the schools and school interests of 
duties of. ^i^g^j, districts; they may determine the number and 
location of the schools to be taught; change the bound- 
aries of their sub-districts, and increase and diminish 
the number thereof, having due regard for the school 
houses already built, or sites procured^ assigning, if 
practicable, to each sub-district not less than forty 
youths between the ages of six and twenty-one years; 
Provided; That every village consisting of fifty inhabi- 
tants or more, shall be included in one sub-district. And' 
provided, further. That no change in any sub-district 
shall take effect, except immediately after the annual 
apportionment of the general school fund. When such 
village as is mentioned in this section is divided by dis- 
trict or county lines, the said village shall be included 
in the sub-district, to be under the supervision of the 
board of education of the district to which the largest 
division of its territory is attached, and said board shall 
define and enter of record in the office of their secretary 
the several district and sub-district lines. 

Any person aggrieved by any decision of the board of 
iJ'tena^n"^^^" education, changing the boundaries of a sub-district, or 
increasing or diminishing the number of the sub-dis- 
tricts, in their district, under this section, may appeal 



Change in 
sub-district. 



Appeal to 



School Law of West Virginia 17 

therefrom to the county superintendent of schools, and 
have the same corrected, if erroneous. Every such per- 
son shall present to the county superintendent his peti- 
tion, signed by himself and at least five other residents 
of the sub-district, stating the action of the board com- 
plained of, and the grounds of appeal; and the county 
superintendent shall thereupon fix a time and place for 
the hearing of the appeal, and cause a notice thereof to 
be served upon the president or the secretary of the board 
of education, at least five days before the hearing. If 
upon hearing the proofs and allegations of the parties, 
the superintendent be of the opinion that the action of 
the board complained of was illegal or improper, he 
shall reverse or correct the same; otherwise the said 
action shall be affirmed. 

XVI. ■ Where the county court of a county changes the boundary 
lines hi a district or increases or diminishes the number of districts 
after the annual levy has been laid for school purposes, and the sal- 
aries of teachers fixed in the respective districts, and provides that 
such change or changes shall take effect before the end of the school 
year (June 30), the schools and school officers should continue as if 
no change had been made, making settlements, &c., until the close 
of the year, when the changes ordered should be recognized. 

XVII. The building of school houses is discretionary with the 
boards of education. There is no power in any other court, body or 
person to compel them to build a school house. — Alfred Caldwell, 
Attorney-General. 

XVIII. The appeal to the county superintendent under this section 
Is limited to cases involving the changing of boundaries of a sub-dis- 
trict, or increasing or diminishing the number of sub-districts. 

I 

10. The board of education shall cause to be kept in schools must 
every sub-district of their district, by a teacher or ^^ pi'ovided. 
teachers of competent ability, temperate habits and good 
morals, a sufficient number of primary schools for the 
instruction of the persons entitled to attend fhe same, and 
should the trustees of any sub-district neglect or fail to 
employ a teacher for their sub-district, upon complaint 
thereof, it shall.be the duty of the board of education to 
do so. 

The following persons when residing in a sub-district, who may at- 
with intent to make such sub-district their home, shall ^^'^^ school, 
have a right to attend and receive instruction at the 
primary schools thereof, that is to say: Every youth 
between the ages of six and twenty-one years, shall have 
such right; and any other person wishing to receive in- 
struction at any free school in this State, shall have 
a right, with the assent of the trustees, to attend such 
school, and the teacher or teachers there employed shall 
give instruction to such person the same as is required 
by law for other persons, upon the payment of tuition -^ho to pay 
fees, not to exceed one dollar and fifty cents per month tuition, 
for each pupil, and upon such other terms as the trus- 
tees of the sub-district may prescribe. Said tuition fees 



18 



School Law of West Virginia 



shall be piid in advance to the sheriff, who shall give 
his receipt therefor, and place the amount to the credit 
of the teachers' fund of said district. 

attend'^schooi ^^'^- ^^ery person having under his control a child or 
twenty children between the age of eight and fourteen years shall 

wee s , ines. ^^^^gg such child or children to attend some public school 
for a period of tAventy weeks yearly, beginning with the 
beginning of the school term. For every neglect of such 
duty the person offending shall be guilty of a misde- 
meanor and shall, upon conviction thereof before any jus- 
tice, be fined two dollars for the first offense and five dol- 
lars for each subsequent offense, which fines shall be paid 
into the building fund of the district in which said offense 



An offense. 



Truant 
officers. 



occurs. 



An offense, as understood in this act, shall consist in 
a failure to attend school for two days in any week, ex- 
cept in cases of sickness or death in the pupil's family, 
or the pupil be otherwise instructed for a like period of 
time, or except for other reasonable excuse, provided 
there be a school in session within two miles of the pupil's 
home by the nearest traveled road. 

The board of education of every district or indepen- 
dent district, at its first annual meeting or as soon there- 
after as practicable, may oppoint one or more truant 
officers whose duty it shall be to enforce the provisions 
of this act. Each officer so appointed shall use due dili- 
gence to ascertain any violations of this law and when, 
from personal knowledge or by report or complaint from 
any resident or teacher of the district under his super- 
vision, he believes that any child subject to the provisions 
of this act ist habitually absent from school, he shall im- 
mediately give written notice to the parent, guardian or 
custodian of such child that the attendance of such child 
at school is required, and if, within five days, such parent, 
guardian or custodian of said child does not comply with 
the provisions of this section, then such truant officer 
shall make complaint against such parent, guardian or 
custodian before the nearest justice of the peace; 

Provided^ That only one notice shall be required for 
any child in any one year. 

Teachers in ungraded schools, and principals and su- 
superintend^*^ psi'intendents in graded and high schools, shall report to 
truant officers all cases of violation of this act among 
the enumerated youth of their sub-districts or indepen- 
dent districts, and shall furnish any reports and informa- 
tion necessary to a proper hearing of any case before a 
justice of the peace, and all such teachers, principals or 
superintendents, shall assist truant officers in every rea- 
sonable way in carrying out the provisions of this act. 



Teachers, 



super 
ents to 
assist. 



School Law of West Virginia 19 

Justices shall remit to the sheriff at once all fines col- Fines to be 
lected under the provisions of this act so that they majon^e. 
be credited to the building fund of the proper district 
and every truant officer shall make to the sheriff an item- 
ized statement^ on the last day of the month, of all fines 
imposed under his jurisdiction. 

Said truant officers shall be paid monthly, at the rate Compensa- 
of two dollars per day for the time act^ially spent in the office^rs. ^" 
discharge of their duties as such officers, but in no case 
shall payment for any month's services be made until the 
truant officer has filed with the secretary of the board of 
education a copy of his statement to the sheriff for that 
month, together with a sworn statement of the number of 
truancy cases investigated, and the time actually em- 
ployed in such duties. Wlien the truant officer has faith- 
fully, performed his duties and filed the statements re- 
quired by this act, the board of education, if satisfied 
the same is correct, shall order a warrant to be drawn 
upon the sheriff for the amount of his month's salary to 
be paid out of the building fund of the district. 

All other acts or parts of acts coming within purview 
of this act and inconsistent with it are hereby repealed. 

XIX. I am of the opinion tliat House Bill No. 133 (Compnlsory 
Law) is applicable to and enforceable in the Independent School Dis- 
trict of Wheeling — Romeo H. Freer, Attorney-Qeneral. 

XX. A teacher has no authority to admit or exclude pupils from a 
school, whetlier from the same or another sub-district, without the 
consent and direction of the trustees of the school. This does not 
refer to his right to suspend a pupil for disorderly conduct. 

11. In the primary schools there shall be taught Branches to 
orthography, reading, penmanship, arithmetic, English ^'^ taught, 
grammar, physiology, general, United States and State 
history, general and State geography, single entry book- 
keeping, civil government, and in addition thereto the 
theory and art of teaching. It shall be the duty of the 
State Superintendent to prescribe a manual and graded 
course of primary instruction to be followed in the 
country and village schools throughout the State, arrang- 
ing the order in which the several branches shall be 
taken up and studied, and the time to be devoted to 
them, respectively, with provisions for advancement 
from class to class, also for the examination and gradua- 
tion of all pupils who satisfactorily complete the pre- 
scribed course. 

XXI. The Theory and Art of Teaching as enumerated in Section 11, 
is not to be understood as being one of the branches required to be 
taught in the primary schools, but teacliers are required to pass an 
examination in the same, — See Section 29, — as they are in all branches 
required to be taught under the provisions of this section. 

XVII. Trustees should be very careful not to interfere unnecessarily 
with a teacher in relation to matters pertaining to the conduct and 
government of his school. I do not think a teacher should be com- 
pelled to give instruction to pupils * * in all branches prescribed 
by law without reference to proper grade. — Alfred CaldiDell, Attorney- 
General. 



20 . School Law op West Virginia 

XXIII. It is the official duty of the county superintendent to see 
that the graded course of study for country and village schools is 
thoroughly introduced into the said schools of his county. But it is 
not the county superintendent alone upon whom this responsibility 
rests. The law makes it the duty of members and secretaries of 
boards of education and of trustees and teachers as well, to perform 
their whole duty, seeing to it that the course of study, with grading 
according to accompanying plan, shall be fully introduced into every 
country and village school in the State. 

Nature and 11a. I. That the nature of alcoholic drinks and nar- 
hofi^c* drinks." cotics, and Special instruction as to their effects vipon the 
must be human system, in connection with the several divisions 
" ■ of the subject of physiology and hygiene^ shall be in- 

cluded in the branches of study taught in the common or 
public schools, and shall be taught as thoroughly and in 
the same manner as other like required branches are in 
said schools, and to all pupils in all said schools through- 
out the State. 
Fine for fail- II. It shall be the duty of the proper officer in control 
ure to teach. q£ ^^^y scliool described in the foregoing section to en- 
force the provisions of this act; and any such officer, 
school director, committee, superintendent or teacher who 
shall refuse or neglect to com(ply with the requirements 
of this act, or shall neglect or fail to make proper pro- 
visions for the instruction required and in the manner 
specified by the first section of this act, for all pupils in 
each and every school under his jurisdiction, shall be re- 
moved from office, and the vacancy filled as in other 
cases. 
Teachers to HI- N^o Certificate shall be granted to any person to 
be examined teach in the public schools of the State, after the first of 
January, anno domini, eighteen hundred and eighty-nine, 
who has not passed a satisfactory examination in physi- 
ology and hygiene, with special reference to the nature 
and the effect of alcoholic drinks and narcotics upon 
the human system. 
Trustees 13. The trustees shall be under the supervision and 

of"^fhe "^board' '^°^-^^^"*^^ ^^ ^^^® board of education, and in all cases the 
action of the trustees shall be subject to the revision 
and correction of the board of education, on the motion 
of any member thereof, or upon the complaint in writ- 
ing of any three tax-payers of their sub-district. 
Transfer of Whenever it shall happen that the persons authorized 
pupils. ^Q attend school are so situated as to be better accommo- 

dated at the primary school of an adjoining sub-district, 
whether in the same or in an adjoining district or county, 
or whenever it may be necessary to establish a school 
composed of pupils from parts of two sub-districts, 
whether in the same or in an adjoining district or county, 
it shall be the duty of the trustees of the sub-districts 
interested, to transfer such persons for school purposes 
to the sub-district in which such school bouse is, or may 
be, situated; but the enumeration of \oulh shall be taken 



School Law op West Virginia 21 

in each sub-district as if no transfer had been made, and 
the trustees of the sub-district in which the school is sit- 
uated shall have the management of such school. 

But in all cases of transfer of pupils from one district Tuition, 
to another, the board of education of the district from 
which the transfer is made shall pay to the board of 
education of the district in which the school is carried 
on, such proportion of the cost of said school, as the 
scholars so transferred bear to the whole number of 
scholars taught in such school. 

XXIV. "This section was not intonded nor does it authorize trus- 
tees to transfer pupils from a sub-district to an independent school 
district." — Alfred Caldicell, Attorney-General. 

XXV. The cost of the Uiition of the transferred pupils should be 
estimated from the time the transfer takes effect until it expires or 
the pupils are withdrawn. 

XXVI. No transfer is complete until the trustees of the sub-district 
to which transfers have been made have agreed to accept the pupils. 

XXVII. When pupils are transferred to an adjoining sub-district in 
another district it is the duty of the trustees making the transfers, 
although they are not requii-ed to do so by statute, to notify their 
board of education of all transfers made by them, and the said board 
of education is required by this section to pay to the board of educa- 
tion of the district to which the pupils have been transferred such 
proportion of the cost of said school or schools as the pupils so trans- 
ferred bear to the whole number of pupils taught in said schools dur- 
ing the time of the transfers. 

13. The trustees of every sub-district shall have charge Trustees to 
of the schools therein and shall meet at the school house of schoofs and 
of their sub-district on the third Monday in July of every fg^P^^^gr^g 
year, or as soon thereafter as practicable and appoint 
a teacher or teachers, for the coming session of their 
school, and in such appointment at least two of the trus- 
tees who are' the trustees for the ensuing year, shall con- 
cur, and such appointment shall be in writing in the form 
of a contract according to the form furnished by the Form of 
State Superintendent of Free Schools and said form shall 
state that the trustees whose signatures are affixed there- 
to, met together as herein required, and said contract 
shall be filed with the Secretary of the board before the be- 
ginning of the term for which said teacher is employed. 

Provided, That no trustee of any sub-district shall ^^^f^^^^^j^^'P 
participate in contracting with or appointing any person 
as teacher of their school to whom he sustains the rela- 
tion of father, father-in-law, brother, brother-in-law, 
uncle, cousin, grandfather, sister, niece or nephew, and 
if the appointment of any teacher be otherwise than at 
a meeting herein authorized or if the appointment be 
within the degrees of relationship herein specified, the 
board of education shall declare such contract illegal, if 
the declaration be made by the board before the time 
mentioned in the contract for the beginning of the school 
term. Any teacher so appointed may be removed by the 



22 School Law of West Virginia # 

k 
trustees or by the board of education for incompetency, 
neglect of duty, intemperance, profanity, cruelty or im- 
morality. The trustees shall exclude from any school 
under their charge any person having a contagious or in- 
fectious disease, and they may suspend or expel any 
scholar found guilty of any disorderly, refractory, inde- 
cent or immoral conduct, and may refuse to admit such 
scholar again to the school until satisfied that he will 
properly conduct himself thereafter. But the trustees 
shall take no action or proceeding relating to the removal 
of teachers or the suspension or expulsion of any scholar 
from school unless at a meeting of which the trustees 
have all had notice, and when at least two of their num- 
ber shall be present and concur in such action or proceed- 
ing, and their action in each particular shall be subject 
to the revision and correction of the board of education 
upon complaint in writing of a majority of the patrons 
of the school, residing within the sub-district in which 
such action has been taken. Any trustee may, for good 
cause shown be removed from office by the board of edu- 
cation upon five days notice in writing, of the cause 
alleged for his removal, and of the time and place the 
board will take action thereon. Whenever at the end of 
any school month the daily average attendance for that 
nionth has been less than thirty-five per cent of the 
whole number of pupils enumerated in the sub-district, 
the trustees may dismiss the teacher and discontinue the 
school, unless otherwise directed by the board of educa- 
tion; and no high school shall be continued if at the end 
of any school month, it has not had an average daily at- 
tendance of twenty-five scholars. And it is further ex- 
pressly provided, that should any trustee of any sub- 
district or a member of the board of education receive 
any money or other thing of value for his aid, assistance 
or vote in securing to any teacher a school or employment 
in any district or independent school district in the State, 
in which said trustee or member of the board of educa- 
tion is authorized by law to act, shall be guilty of a felony 
and upon conviction thereof shall be punished by con- 
finement in the penitentiary of this State not less than 
one nor more than three years. 

XXVIII. Neither boards of education nor trustees have authority to 
employ a person to teach in the free schools of this State unless such 
person presents a certificate in duplicate still in force of his qualifica- 
tion to teach a school of the grade for which he applies. Teachers 

• employed as substitutes should hold same grade of certificates as those 
Whose places they fill. 

XXIX. A teacher has the right to punish pupils placed under his 
charge for infractions of the rules governing the school. But like the 
parent who has the right to enforce obedience, he is answerable for 
the abuse of the trust. 

XXX. The trustees of a school have authority to contract with a 
teacher for the length of time and the price per month prescribed by 
the board of education, and the board must provide for its payment. 



School Law op West Virginia 23 

XXXI. The law prohibiting trustees from employing teachers for 
their schools to whom they sustain certain specified relationship, has 
been construed by this office to refer only to "first cousins " and the 
connection must be by blood, and not by marriage. — Borneo H. Freer, 
A ttorney-G eneral. 

XXXII. I am of opinion, therefore, that trustees and boards of 
education, under the law, can appoint teachers, and of course, super- 
intendents, for only one year. — Clarke W. Mapj Attorney -General. 

14. The trustees shall visit every school under their Trustees shall 
charge within two weeks after the opening, and again Jp|'^,\ ^^*^o°fg_ 
within two weeks before the close thereof, and at such 

other times as in their opinion may be useful to do so. 
During such visits, they shall inspect the register of 
every teacher and see whether it has been properly kept, 
and ascertain whether the scholars have supplied them- 
selves with books and other things requisite for their ' 
studies, whether the school house and grounds, furniture, 
apparatus and library are kept in good order; whether 
anything injurious to the health is suffered to remain 
about the house or grounds, and whether the school house 
is well ventilated and kept comfortable, as the season may 
require; and where it is necessary, provide and promptly 
apply the proper remedy. 

They shall also during such visits make such examina- 
tion and inquiry as they may deem useful respecting the 
studies, discipline and general condition of the school, 
and the conduct and proficiency of the scholars, and give 
such directions or make such suggestions to the teachers, 
as in their opinion, will promote the interest of the school, 
and the health, morals and progress of the scholars. 

XXXIII. The duty of visiting the schools is made obligatory upon 
the trustees, and they should faithfully comply with the law in this 
matter. 

XXXIV. The leading ob.iect of the trustees on this, their first visit, 
should be the examination of the sanitary condition of the school 
building and out-houses. The health of both teachers and pupils de- 
pend upon healthful surroundings. 

15. They shall cause the school houses under their rp^yg^ees must 
charge and everything pertaining thereto, to be kept in keep school 
good order and repair, and for this purpose it shall, order, 
among other things, be their duty to cause proper suits 

and prosecutions to be instituted, in the name of the 

board of education of the district or otherwise, against 

every person who shall injure or destroy any school 

property of which the said trustees have charge; and 

they shall not, Avithout the permission of the district board Trustees may 

of education, allow said school houses to be used for ^^^^ %^^°yP} 

■' PI house to be 

any other purpose whatever, except for the purpose used for 
of holding religious or literary meetings and • Sunday poges!"^ ^"'^' 
schools, equally by the various religious denominations 
that may apply for the same, and further for such other 
meetings as may be considered beneficial to the public 
generally under such regulations as to the care thereof 



24 School Law of West Virginia 

as may be prescribed by them; Provided, That such 
meetings shall not interfere with the public schools. 

The trustees shall furnish to the board of education 
estimates of all improvements necessary to the preserva- 
tion or repair of buildings, grounds and furniture under 
their charge. 

XXXV. The trustees of a school may allow religious exercises held 
in their school house. They may prescribe conditions, etc. They may 
refuse to allow the school house to be used for this purpose. In 
either case, on motion of any member of the board of education, or 
the petition in writing of three tax-payers of the sub-district, the 
action of the trustees may be reviewed and reversed or affirmed. The 
county superintendent has no authority in the matter. 

XXXVI. "Debating societies," teachers' meetings, school exhibitions 
and spelling-schools, together with any other meetings, having for 

t their object the advancement of the school interests of the sub-dis- 

trict, and being of a literary character, if conducted in a respectable 
manner, come within the meaning of the words "literary meetings," 
as used in the fifteenth section of the school law. 

XXXVII. If the trustees of a school refuse the use of a school house 
for religious purposes, an appeal may be taken to the board of educa- 
tion. The decision of the board is final, either for or against. They 
may absolutely exclude all denominations from the school house. 

XXXVIII. Religious and literary societies and teachers of select 
schools, may be required to give security for the protection of school 
property where trustees are asked to allow the school house to be used 
for the meetings of such societies. The use of public school property 
for such purposes is a privilege, not a right. 

XXXIX. I think that the trustees, with the consent of the board 
of education, can allow the school house to be used for the purpose 
of holding a select school ; provided it does not interfere with the 
public school. I am also of the opinion that the action of the trus- 
tees in either refusing or granting the use of a school house for the 
purposes above mentioned may be reviewed by the board of educa- 
tion of the district. The party so occupying the school house may be 
required to give security for the proper care and use of the building. 
— T. S. Riley, Attorney-General. 

Penalty for 15a. [Section 19, chapter 14a code, chapter 13, Acts 
or*^Sst^urbfngl887.] If a person willfully interrupt, molest or disturb 
school. any free school, or other school, literary society or 

any other society formed for intellectual, social or 
moral improvement, organized or carried on under or 
in pursuance of the laws of this State, or any Sunday 
school, or other school, or school exhibition, or any 
society lawfully carried on, he shall be guilty of a mis- 
demeanor, and fined not less than ten nor more than 
fifty dollars, or at the discretion of the court, be con- 
fined in the jail of the county not more than thirty days, 
in addition to said fine. 

15&. If any person shall willfully disturb, molest, or 
interrupt any literary society, school, or society formed 
for intellectual improvement or any other school or 
society organized under the laws of this State, or any 
school, society, or meeting formed or convened for im- 
provement in music, either vocal or instruiuental, or 
for any moral and social amusement, the person so 
ofl:ending shall be deemed guilty of a misdemeanor, and 
on conviction thereof, shall be fined not less than five 



School Law of West Virginia 25 

dollars, and may be imprisoned in the county jail not 
exceeding ten days. 

16. The trustees of each sub-district shall keep exact Trustees must 
account of all necessary expenses incurred by them in account of 
the performance of their duties, and render to the sec- expenses, 
retary of the board of education, at or before their last 

meeting for the current school year, written accounts, 
by items, of all such expenses, which, if the board find 
correct, they shall pay by an order to the sheriff, drawn 
on the building fund of the district, signed by the sec- 
retary and president. 

The trustees of any sub-district may purchase fuel. Trustees may 
water buckets, brooms, coal hods, shovels, pokers, stove taVn a^rttcies^' 
pipes, crayons, erasers and dippers, for use in school ^^^ "epairs"^^' 
rooms. They may make such repairs in windows, 
doors, benches, desks, floors, walls, ceilings and roofs 
as will render the house comfortable. For such pur- 
chase or repairs they shall render to the secretary of 
the board of education an account, which if the board 
find correct, they shall pay out of the building fund of 
the district. 

No one trustee shall, by himself, have any power to Trustee? : 
perform any duty required by law of the trustees, who i^o'^''^'^ ^^^ 
shall meet at a time and place fixed by two of their 
number, the other having had reasonable notice of such 
meeting, and two of the trustees shall constitute a . quo- 
rum, and they shall keep a record of their acts and pro- Record of 
ceedings in a book to be furnished them by the board ™'^^*™^' 
of education for that purpose, such book to be turned 
over by them to their successors in office. 

XL. While trustees are appointed Tjij the hoard of education, their 
powers are prescribed and their duties imposed by law ; and by 
section 12 of chapter 45, of the Code, the actions of such trustees are 
subject to the revision and correction of the board of education on 
proper motion or complaint made ; yet no power is given the board 
to interfere with or prevent a proper discharge by tile trustees, of 
the duties imposed upon them as such, by law." 

By section 16 of chapter 45 of the Code, it is provided, among 
other things, that "the trustees of any sub-district may purchase fuel, 
water buckets, brooms, coal hods, shovels, pokers, stove-pipes and 
dippers for use in school rooms. * * * por such purchases they shall 
rendev to the secretary of the board of education an account which, 
if the board find correct, they shall pay out of the building fund of 
the district." 

If then the board, upon examination or revisal, find the account 
correct, they cannot alter, amend or repudiate it ; but in the lan- 
guage of the law, they shall pay it out of the building fund of the 
district. — G. C. WattSj Attorney-Oeneral. 

17. White and colored persons shall not be taught in White and 
the same school, but to afford to colored children the bene- not°^^o attend 
fits of a free school education, it shall be the duties of ^^^^ school, 
trustees of every sub-district to establish therein, one or 

more primary schools, for colored persons between the 
ages of six and twenty-one years, and said trustees or 
board of education shall establish such school whenever 
there are at least ten colored persons of school age resid- 



26 School Law op West Virginia 

ing therein and for a less number, when it is possible to 

do so. 
Two or _more The trustees of two or more sub-districts Avhether in 
may join^ in the Same or adjoining districts or counties, may, by agree- 
coiored'^^'^^ nient with each other, join in establishing a primary 
schools. school for colored children residing in said sub-district, 

and such schools so established, shall be subject to the 

same regulations as are provided for the school for white 

children, in section twelve of this chapter. 

All other acts and parts of acts coming within the 

purview of this Act and inconsistent therewith are hereby 

repealed. 

XLI. "When a school has been established for colored pupils un- 
der section 17, it must be kept open and continued as long as the 
schools for whites in the same district. The colored children, after 
the school is established under that section, are entitled of right to 
the same apparatus, necessary furniture, and school appliances as 
well as the same length of school term as the whites in schools of 
like grade, no matter how little or how great the taxes collected from 
the colored people of the district may be. There is nothing in the 
ISth section to affect this view. The 18th section deals with another 
case entirely and cannot affect in any way a sub-district where a 
colored school is established in accordance with law. — Alfred Cald- 
well, Attorney-General. 

XLII. I am of opinion that it would be perfectly proper, within 
the spirit and intent of this law, for boards and trustees in certain 

cases of isolation when they can not possibly do otherwise, 

and when there are only one, two or three colored persons of school 
age in the same district or sub-district, to hire at a fair compensation, 
to teach them and for the length of time to which they would be 
reasonably entitled, even if the person so hired did not have the 
certificate which the law provides, but are otherwise capable. — Clarke 
TV. May, Attorney-General. 

XLIII. I am of the opinion that, as the law is, they [board of 
education] would be justified in establishing such school in a sub- 
district when there are no more than five or sis colored persons of 
school age who are entitled to go to school, and to be conducted and 
managed according to law in common cases. — Clarke IF. May, Attor- 
ney-Geenral. 

Division of 18. Whenever, in any school district, the benefit of a 

efl't of coioreafi'ee school education is not secured to the colored chil- 

chiidren. (jj-gj^ residing therein, in the manner mentioned in the 

preceding Section, the fund applicable to the support of 

free schools in such sub-district, whether received from 

the State or local taxation, shall be divided by the board 

of education in the proportion which the number of 

colored children bears to the number of white children 

therein, according to the latest enumeration made for 

school purposes; and the share of the former shall be 

set apart for the education of colored persons of the 

proper age, residing in such sub-district, or district, and 

be applied for that purpose from time to time in such 

way as the board of education of the district may deem 

best. Any board of education failing to comply with 

this section may be compelled to do so by the circuit 

court of the county, by mandamus. 

Enumeration 19. The board of education of each district and inde- 

o yout s. pendent school district shall require the teacher or 



I School Law OF West Virginia 27 

teachers in each sub-district or independent school dis- 
trict, annually, before the close of the school or schools, 
not later than the first day of April, to make an enum- 
eration of all the youths resident in such sub-district or 
independent school district, who shall be over .six years 
and under twenty-one years old, on the first day of July 
following, distinguishing between male and female, white 
and colored. 

The enumeration shall be taken in two classes as fol- 
lows : One class shall contain all youths between the 
ages of six and sixteen years, and the other, youths be- 
tween sixteen and twenty-one years respectively. The 
enumeration shall be verified by the affidavit of the 
teacher who took the same, before some person quali- 
fied to administer oaths, to the effect that he used all 
means in his power to make it, and believes it to be 
correct, and shall return such enumeration to the secre- Enumeration ; 
tary of the board of education of the district with the not'^taking.''' 
term report of such school, or not later than the first 
day of April; and unless such enumeration be properly 
taken and returned, the teacher shall not be entitled to 
demand payment of the balance due on his salary, or so 
much thereof as shall be necessary to defray the ex- 
penses of the enumeration as herein provided. 

No teacher in this State shall be required to serve on Teachers ex- 
any jury, nor to work on the roads, while his school isc^-tain'^"™ 
in actual operation. duties. 

The secretary of the board of education shall keep a Enumeration ; 
record in his office of the enumeration of youth so taken, ||erf ''Record' 
and shall annually, on or before the fifteenth day of of. 
April transmit a certified copy of such enumeration to 
the county superintendent of his county. When such 
enumeration for any district or sub-district shall not be 
received by the county superintendent before the twen- 
tieth day of April in any year, it shall be his duty, with- 
out delay, to employ a competent person to take and 
verify the sanie as aforesaid. The person taking and 
verifying such enumeration shall be paid a reasonable 
compensation, to be allowed by the board of education, 
not to exceed two dollars per day for the time necessa- 
rily consumed, and paid by an order of said board, 
signed by the president and secretary, out of the build- 
ing fund of such district. 

In either case the county superintendent as soon as he County 
receives the enumeration for any district or independent fnfTo^report. 
school district, and not later than the first day of May, 
shall forward to the State Superintendent of Free Schools 
a statement of the number of youths of school age therein. 
The State Superintendent of Free Schools shall prescribe 



28 



School Law of West Virginia 



Trustees' 
report. 



Secretary's 
report. 



Additional 
report. 



and furnish all blanks to be used for taking the enumera- 
tion of youth. 

XLIV. A correct enumeration of the school youth is one of the most 
important matters connected with the school work of the State, for 
it is the basis upon which the general school fund of the State 
is apportioned. The secretary should carefully examine the enumera- 
tion report from every sub-district and satisfy himself of its accuracy. 

XLV. The secretary of the board is authorized to administer oaths 
to teachers as to the correctness of their reports of enumeration. 
S'ee Section 8. 

20. The trustees of each sub-district shall make a 
report to the secretary of the board of education of their 
district, at or before their last meeting in each school 
year, setting forth in reference to their sub-district, the 
following particulars; that is to say: The condition of 
school houses under their charge; the value and kind of 
apparatus; the number of volumes in school libraries 
and their value, with such explanations, remarks and 
additional information as the said trustees may deem 
useful, or as the blanks furnished by the State Superin- 
tendent of Free Schools may require. They shall also 
report the same particulars in relation to any schools 
under their charge for colored persons. 

XLVI. Trustees should make their annual report as prescribed in 
form No. 0, at the close of the year (June 30) whether the school 
closed then or not. 

21. The secretary of the board of education to whom 
the report of the trustees shall have been made, as 
provided in the twentieth section, shall revise the 
said reports, and if they be found erroneous or de- 
fective, may return them for correction. From the cor- 
rected report and the teachers' registers, provided for 
in the thirtieth section of this chapter, and such other 
authentic information as he may be able to obtain, he 
shall make a report to the county superintendent on or 
before the twentieth day of July, annually, in tabular 
form, by sub-districts, embracing each particular reported 
to him by the said trustees' reports and teachers' regis- 
ters, and showing the aggregate or average of each, as the 
case may require, for his district. 

And he shall further report to the county superintend- 
ent on or before the twentieth day of July, annually, the 
following additional particulars in reference to his dis- 
trict, for the year ending on the preceding thirtieth day 
of June, that is to say: The rate and amount of the tax 
levied for the teachers' fund and the building fund re- 
spectively; the anxount of such taxes collected and placed 
to the credit of each of these funds; the amount received 
from the State for the teachers' fund; the amount of the 
balance in the treasury at the beginning of the school 
year for each fund; the amount of receipts from all other 



School Law of West Virginia 29 

sources placed to the credit of each fund; the amount ex- 
pended for the pay of teachers^ male and female, white 
and colored, respectively; the amount of commission paid 
to the sheriff or collector; the amount of the delinquent 
list returned by said collector; the amount of the balance 
in hand at the close of the school year for each fund; 
the amount expended for the purchase of sites for school 
houses, and for the construction and furnishing of the 
same; and for the rent, hire and repair of such property; 
the amount expended for such furniture, for apparatus, 
for interest, for the enumeration of youth, and for con- 
tingencies ; also, the number of volumes in school libraries 
and their value; total receipts, total expenditures, with 
such explanations, remarks and additional information as 
he may deem proper, or as the blanks furnished by the 
State Superintendent may require. He shall also, in like 
manner, report all particulars, pertaining to any colored 
school or schools in his district, including the number 
taught therein, and for what length of time. 

For this report the secretary shall be allowed out of Seci-etary's 
the building fund, in addition to his salary as secretary, for making 
ten dollars ; hut the board of education shall in no case ^'^^°^^- 
order this sum to be paid until the county superintendent 
has certified to them that the said report has been made, 
and that it is correct and complete, and made within the 
time specified in this section. 

XLVII. In the case of summer schools where a part of the term is 
finished in one year and a part in the next, the financial condition 
of the district must be reported, just as it is, without regard to what 
may or may not be contracted for. In the estimate for the levy the 
amount of partially executed contracts and the balance on hand to 
pay them must be considered. The statistical report of such schools 
should be made in the year in which they close. 

XLVIII. The secretary's annual report cannot be completed before 
the sheriff's settlement with the board of education. County superin- 
tendents must not issue orders for the pay of secretaries until they, 
present correct and complete reports. The law provides this in de- 
claratory terms. 

XLIX. Chapter 29, s. 67 Code, requires the secretary of every school 
district and independent school district through which a railroad runs 
in each county, within thirty days after the levy is laid for free 
school and building purposes, or either, to certify to the auditor the 
amount so levied, etc. 

23. The county superintendent shall receive and revise county Super- 
the reports made to him as aforesaid, and see that they i°p*o'^.t®°*'^ 
are in proper form and according to intent of law; and 
when deficiencies or errors are found to exist, shall re- 
turn them for correction. From, these reports and such 
other authentic information as he can obtain, he shall 
make report to the State Superintendent of Free Schools, 
on or before the first day of August, annually, or as soon 
thereafter as possible, setting forth in reference to each 
district of his county, for the year ending on the preceed- 
ing thirtieth day of June, the several particulars men- 



30 



School Law of West Virginia 



School year. 



High' school 
mode of 
establishing 
same. 



tioned in the twentieth and twenty-first sections, with the 
proper aggregate or average of each for the count}^; and 
shall make the apportionment, and report such apportion- 
ment to the auditor, and also report whether the dis- 
, tricts have made the levy for school purposes required by 
this chapter. 

L. The report of the county superinter-dent should be made not 
later than the first day of August, as prescribed by law, that the State 
Superintendent may complete his annual report, which be should have 
compiled for the Governor not later than the first day of October. 

LI. The apportionment of the General School Fund, made by 
the county superintendent, should be reported to the State Superin- 
tendent, as well as to the auditor. 

S3. The school year shall commence on the first day 
of July, and close on the thirtieth day of June, and all 
reports, accounts and settlements respecting the free 
schools of this State shall be made with reference to the 
school year. 

LII. If any school opens after the first day of April, (the time 
required for the enumeration to be returned by the teacher) if the 
teacher so opening the school has not taken ' the enumeration and 
i-eturned it, it is the duty of the county superintendent to employ 
some one, as the law directs, to take the enumeration of that sub- 
district. The pay of such person would not be properly deducted 
from the teacher's salary, who opened the school after the time re- 
quired for the enumeration to be returned. 

LIII. If a school opens so near the close of the school year that 
by continuing in session all the school days to the end of the year 
the term vi'ill not be finished before the year closes, the remaining 
time, under the contract may be completed in the new year. (In this 
case the school should be reported in the new year.) If the school 
open in ample time to finish before the close of the year, but sus- 
pends before the term is out, the time cannot be added to the next 
year's term. 

LIV. The school law contemplates that the financial affairs shall 
be closed up at the end of each year. 

; 24. When the board of education of any district deem 
it expedient to establish a high school, they shall submit 
the question to the voters of the district on the day and 
month of election named in section two of this chapter, 
of any year, in the manner following, that is to say : The 
board shall prepare and sign a notice setting forth the 
kind of school proposed; the place where it is to be 
located; the estimated expense of establishing the same, 
including cost of site, building, furniture, books and 
apparatus and the estimated annual expense of support- 
ing the school after it is in operation, with such other 
information concerning it as they may deem proper ; 
and stating that the question of authorizing the estab- 
lishment of such school will be submitted to the voters 
of the district, at the election specified in the notice, 
which they shall cause to be posted four weeks before 
the election in at least three of the most public places 
in the district. A poll shall thereupon be taken upon 
the said questioii, at the election specified in the notice. 



School Law of West Virginia 31 

and the result ascertained in like mlanner as is prescribed 
in section two of this chapter. The ballots used in 
voting on the question shall have written or printed 
thereon the words, "For the high school/' or ''Against 
the high school." If it appear by the result of said poll 
that not less than three-fifths of the voters who voted 
on the question are in favor of authorizing the establish- 
ment of said school, the board of education may then 
proceed to obtain the site and provide proper buildings, 
fixtures and improvements, and procure necessary furni- 
ture, books and apparatus for the said school, to sup- 
port the same after it is put in operation; for which pur- 
pose the board may annually levy an additional tax on Additional 
the property taxable in their district, not to exceed in^ig^ schools, 
any one year thirty cents on every one hundred dollars 
valuation thereof, according to the latest assessment for 
State and county taxation. The said school shall be 
under the care and direction of the board of education 
of the district in which it is established. 

LV. The maximum rate of levy is twenty-five cents on the one 
hundred dollars, for country and village schools except as provided 
in section 40. but for the support of high schools established in ac- 
cordance with the provisions of this section, there may be an addi- 
tional levy of ten cents on the one hundred dollars, thus making the 
maximum rate for the support of these schools thirty-five cents on the 
one hundred dollars, and the power to levy to this extent is granted 
to the board by the vote of the people when the higli school is estab- 
lished. 

25. In like manner, if the boards of education of two ^^^^ 1^1^^°°' 
or more districts, whether in the same or different coun- established 
ties, deem it expedient to jointly establish and support nfore^" 
a high school, they may submit the question of author- <iistricts. 
izing the same to the voters of their districts, sepa- 
rately, and in the manner pi'escribed in section twenty- 
four of this chapter, specifying in the notice the amount 
or proportion of the expense which each district is to 
contribute; and if authorized by not less than three-fifths 
of the voters voting on the question in each district, 
m:ay proceed jointly to establish and support the said 
school; and for that purpose the said boards may annu- 
ally levy a tax on the property taxable in their respec- 
tive districts, not to exceed in any one year the rate of 
thirty cents on every one hundred dollars valuation 
thereof. 

The said school shall be under the care and direction Directors of 
of directors, to be selected and removed from time to time ichooi. '^ 
in such manner as the boards of education concerned may 
agree upon, or when there is no such agreement, under 
the care and direction of the board of education of the 
district in which the school house is situated, and the 
boards of education concerned shall from time to time 



32 



School Law of West Virginia 



Care and 
direction of 
joint school. 



Directors' 
report. 



Graded 
schools. 



Levy for 

graded 

schools. 



Assessor 
must furnish 
list of proper- 
ty. 



prescribe such regulations as they may deem necessary 
respecting the school. 

26. The board of directors who have the care and 
direction of the said school shall appoint, and may re- 
move the teachers, shall fix their salaries; prescribe the 
branches of learning to be taught; the time the school 
shall be kept open; the ages and qualifications of the 
scholars to be admitted, admit scholars from non-con- 
tributing districts on such terms of tuition as they may 
deem proper; expel or suspend scholars when necessary; 
ascertain and certify the expenses of the school, of which 
they shall cause exact accounts to be kept; and prescribe 
all needful- regulations respecting the school, subject, 
nevertheless, to any regulations respecting the same that 
may be prescribed pursuant to the preceding section. 

They shall annually report through their secretary on 
or before the twentieth day of July, to the superintend- 
ent of free schools for the county in which the school 
house is situated, such particulars respecting the schools 
as the State Superintendent of Free Schools may require; 
and the county superintendent shall transmit the report, 
with such remarks and additional information as he 
deems proper, to the State Superintendent. 

The board of education of any district may also estab- 
lish graded schools in towns, villages and densely popu- 
lated neighborhoods of theij: respective districts, employ 
teachers therefor, and make such special regulations as 
may be necessary to conduct them. But in every such case 
involving additional taxation, the matter shall be first sub- 
mitted to a vote of the people and their consent obtained, 
as is prescribed in section twenty-four in case of a high 
school; Provided, That no additional levy for a graded 
school shall exceed in any one year fifteen cents on every 
hundred dollars valuation. Provided, further. When any 
sub-district having graded schools, desires a longer term 
of school, than four months, it shall be the duty of the 
board of education on the petition of the taxpayers of 
such sub-district to submit the question to the voters of 
said sub-district, at such time and place as they may fix, 
by posting notices ten days before said election, setting 
forth the number of months the said school shall be run, 
including the State Fund and their proper share of any 
district levy that miay be levied in the districts for the 
support of the schools of said districts. 

It shall be the duty of the assessor, with the assistance 
of the secretary of the board of education, to furnish 
such board a list of the property, both real and personal, 
assessed by him in said sub-district, for State and county 
purposes. And the said board of education may pro- 
vide for the extending of the said tax, and provide for 



School Law op West Virginia 33 

the collection of the same, under such rules and regula- 
tions as they may provide, and use the fund thus collected 
for the running of such graded schools. 

LVI. I am of the opinion that under chapter 45, section 26, of the 
Code, the board of education of a district can not declare all the 
schools in their district, graded schools, and refuse to appoint trus- 
tees, etc., as required by law. 

If a board of education employs the teachers in their district 
under the conditions heretofore mentioned, the contracts with such 
teachers are illegal, and, in my opinion, cannot be enforced. — Romeo 
H. F7-eer, Attorney-General. 

LVII. "No vote of the people is necessary as a condition prece- 
dent to the establishing of a graded school in a district in case such 
school does not increase the levy over the twenty-five cent limit named 
in section 40. The vote to authorize any levy must be taken as re- 
quired by section 2. Section 26 specifically requires a vote where the 
cost involves a levy in excess of such twenty-five cents. I find no au- 
thority for continuing a graded school any longer period than other 
schools of a district." — Alfred Caldwell, Attorney-General. 

LVIII. The number of tax-payers who are to petition for more 
than six months school in a sub-district is left to the discretion of 
the board. There should be a sufficient number on the petition to 
indicate that the desire was seriously entertained and entitled to re- 
spect. 

LIX. The vote should be taken not later than the 10th of May, so 
that if the increased rate of levy is authorized, the assessor may 
have the necessary time in which to extend same on his books. The 
rate of levy being twenty-five cents on the one hundred dollars, the 
increase to be voted upon can not exceed fifteen cents additional, mak- 
ing the maximum levy for the support of a graded school forty cents 
on the one hundred dollars. 

LX. The board should, have the sheriff collect the taxes for the 
graded school. They should enter an order authorizing him to col- 
lect. It would not be best to order the collection by any one else. — 
Alfred- Caldwell, Attorney-General. < 

26o. That the board of education of any school dis- Kindergarten 
trict, in which there is a city, town or village, of one thou- schools, 
sand population or more, may establish in connection 
with the schools of such district a kindergarten, to which 
may be admitted children between the ages of four and 
six years, under such regulations as may be prescribed 
by law for the admission of youth to the other schools 
of such district. 

Every person employed as teacher in such kindergarten 
shall either hold a diploma from a kindergarten college, 
or, in addition to holding such a certificate as is required 
of other persons employed as teachers in the schools of 
this State, be duly examined as to the kindergarten meth- 
ods and theories, in such manner as the board of education 
may prescribe. 

27. 28 and 29 [Note — These sections were repealed by the enact- 
ment of the twelve sub-divisions following. (See Acts, 1903, Chap. 
27, p. 108.] 

1. The general regulation, direction and control of county exam- 
all matters relating to the examination of applicants f or |?j|*|f "^1;^ ^^._ 
.teachers' certificates and the issuance thereof, including intendent to 
the preparation of questions, the grading of manuscripts, anrcOTtroi°° 
the granting of certificates, the control and governments^ 
of county boards of examiners, to be hereinafter provided 



34 



School Law of West Virginia 



Time and 
place of 
examinations, 



Appropria- 
tion for con- 
ducting 
examination. 



Branches. 



Questions 

and 

Manuscripts. 



Age and oth 
er qualifica- 
tions. 



Grading 
mansiscripts. 



for, and all other powers necessary for carrying into effect 
the provisions of this act, shall hereafter be vested in the 
State Superintendent of free schools, Provided, That 
nothing contained herein shall be construed to alter or 
amend section twenty-nine-a of chapter forty-five of the 
code, relating to the powers and duties of the state board 
of examiners. 

2. Examinations. for teachers at such times as shall be 
designated by the State Superintendent of free schools, 
shall be held simultaneously in each of the counties of 
this State, at such places as shall be designated by county 
superintendents; Provided, That no more than five such 
examinations be held annually. 

3. For the preparation and printing of questions, the 
grading of manuscripts, the transmission of certificates 
and the additional clerical work demanded by the re- 
quirements of this act, the State Superintendent of Free 
Schools shall be allowed an amount not to exceed twenty- 
five hundred dollars annually, which sum is hereby ap- 
propriated and set apart from the general school fund of 
this State for this purpose, but such sum shall in no event 
exceed the amount received from the fees provided for in 
section eleven of this act. 

4. Applicants for teachers' certificates shall be re- 
quired to pass an examination in all the branches re- 
quired to be taught in the primary free schools of this 
State, and upon which they are now required to pass ex- 
amination by law. And, it shall be the duty of the State 
Superintendent of Free Schools to prepare questions upon 
the same and transmit such questions to the county su- 
perintendent of each county, properly sealed, to preclude 
examination, and such county superintendent shall open 
same and seal all manuscripts, in the presence of the coun- 
ty board of examiners and the assembled applicants, and 
conduct such examination in a manner to be fully pre- 
scribed by the State Superintendent. At the conclusion 
of such examination, the county superintendent and board 
of examiners shall forward to the State Superintendent 
properly sealed, all manuscripts submitted to them, in 
accordance with full instructions to be furnished by the 
State Superintendent, together with such information, 
statements or affidavits as the State Superintendent may 

.require. But no applicant known by the board of exam- 
iners not to be of good moral character, or to be addicted 
to drunkenness, or not to have attained the age of seven- 
teen years, shall be admitted to such examination. 

5. Within a reasonable time after the receipt of the 
foregoing manuscripts, from the board of examiners, it 
shall be the duty of the State Superintendent and his as- 
sistants to examine and grade the same, and to issue cer- 



School Law of West Virginia 35 

tificates based thereon, observing the following regula- 
tions in regard to the same : 

I. Such certificate shall state the applicant's grade or 
proficiency in each branch in which he is examined. 

II. Three grades of certificates shall be issued, based 
upon the following scale : 

First grade certificates shall be issued to all applicants Grades of 
who attain a general average ' of ninety per cent, on a certificates, 
scale of one hundred per cent., and not less than seventy- 
five per cent, on any one branch;- second grade certifi- 
cates shall be issued to all applicants who attain a general 
average of eighty per cent, and not lower than seventy 
per cent, on any one branch ; third grade certificates shall 
be issued to all applicants who attain a general average 
of seventy per cent., and not lower than sixty per cent, 
on any one branch. Failure to attend teachers' institutes, 
as required by law, shall be deemed sufficient reason for 
withholding the certificate of any applicant. 

The State Superintendent may, upon proper evidence state Super- 
of the fact or charges by the county board of examiners, may°*revoke 
revoke the certificate of any teacher for any cause which certificates, 
would have justified the withholding thereof when the 
same was granted, by giving ten days notice to such 
teacher, of his intention to do so. 

6. All certificates so issued, shall be signed by the signed by 
State Superintendent and forwarded by him to the proper foun1:y^super- 
county superintendent, who shall countersign same and i?tendents 
deliver to the teachers entitled thereto. And such certi- counties, 
ficates shall supersede • any and all other examinations re- 
quired of the persons holding them, except those that 
may be especially authorized by law in independent 
school districts of this Sate, and shall be valid in any 
school district in the State, unless revoked as provided 
for in section five. 

. 7. First-grade certificates shall be valid for a period Term of 
of five years ; second-grade certificates for a period of ^^^^^ ^^*^' 
three years, and third-grade certificates for a period of 
one year, and, such third grade certificate shall not be 
issued to the same applicant more than twice. The State 
Superintendent and county superintendent shall each keep 
a register of all certificates awarded, stating the character 
and grade of each and date thereof. 

8. If any county superintendent intentionally changes penalties for 
the examination prescribed by the State Superintendent, ^^^^*'°®- 
or commits any fraud with intent to assist or hinder any 
person, in securing a certificate, it shall be sufficient cause 
to declare the office of the said county superintendent 
vacant. If any other person tampers with the questions 
before examination, or with the manuscripts after the 
examination, or attempts to render aid in any examina- 



36 School Law of West Virginia 

tion, he shall be lined ten dollars and confined in jail ten 
days, upon complaint and conviction before any justice 
of the peace. All county certificates now outstanding, 
shall be good for the county and for the time marked 
on the face thereof, but shall not be renewed. Any county 
superintendent who knows of any immorality on the part 
of any person holding a county certificate shall, if the 
person so offending live in his county, after giving due 
notice to such person, suspend the said certificate for 
twelve months ; and if the person so offending be a resi- 
dent of another county, he shall notify the superintend- 
• ent of that county, after giving due notice to such person, 
who shall suspend the certificate for twelve months. In 
either ease, the suspension shall be marked upon the back 
of the certificate. Any person who refuses to surrender 
his certificate, when demanded, for the purpose of having 
said suspension marked on it, shall be disqualified for two 
years from teaching in this State. 
Right of 9. Any applicant feeling himself aggrieved by any 

appeal. action or ruling of the county superintendent or board of 

examiners, shall have the right of appeal to the State 
Superintendent, whose decision shall be final. 
No person to 10. ISTo pcrson shall be employed to teach in a public 
certiflcatr°"*^ school of this State, until he shall have presented to the 
except mem- trustees or board havinsf charge thereof, a certificate in 

DGrS of 1)03, 1'u. . . 

of examiners, duplicate of his qualification, which duplicate shall be 

filed with the secretary of the board of education of the 

"^ district wherein said school is situated, and so indorsed 

on the original by the secretary, and no salary sl^all be 

paid to any teacher unless such duplicate be so filed. 

Members of the board of examiners may be employed to 

teach without the certificates required of other teachers, 

ca^ed^b^^ but should any member of the board of education, or any 

teaching. school trustee, be employed as teacher, it shall vacate his 

office. 
Members of 11. There shall be in every county for the purpose of 
examiners. examining teachers a county board of examiners, to be 
composed of the county superintendent, who shall be ex- 
officio president, and two experienced teachers, each of 
whom shall have received a teacher's state certificate or a 
number one county certificate, or be a graduate of some 
reputable school, to be nominated by the county superin- 
tendent and be appointed by the presidents of the district 
boards of education, as now prescribed by laAV*, one mem- 
ber to be appointed annually for a term of two years, at 
which meeting a majority of said presidents, or any three 
thereof, shall constitute a quorum. It shall be the duty 
of the county superintendent to attend such meeting. 

*The provision in effect at the time of this enactment required that 
the presidents of the district boards of education should meet at the 
county seat on the first W^ednesday of .July each year. 



School Law op West Virginia 37 

Vacancies in said board of examiners shall be filled by Vacancies, 
the presidents in the same manner as members of said 
board are appointed, and it shall be the duty of the county 
superintendent, upon ten days notice, to call meetings 
of said presidents at the county seat for that purpose. 
The board of examiiners shall each receive a compensation Compensa- 
of three dollars per day for each , day actually and neces- of*^examiners. 
sarily employed in conducting the examinations. The 
county superintendent shall collect from every applicant 
a fee of two dollars, out of which fees he shall pay the 
per diem of the board of examiners, and the expenses of 
the notice and of conducting such examination, but such 
per diem and expenses shall not exceed one-half of the 
fees so collected; the remainder of such fees he shall pay 
to the Auditor of the State to be placed to the credit of 
the general school fund of the State. He shall, at the 
close of all examinations, make and return to the State Account of 
Superintendent of Free Schools, a detailed and certified fund!^°^*^*'° 
account of the names of all applicants for examination; 
the amount of fees collected by him ; the amount paid out 
as above provided, and the balance placed to the credit of 
the general school fund, as aforesaid. 

12. All acts or parts of acts inconsistent with any of 
the provisions of this act, are hereby repealed. 

LXI. Presidents of independent school districts should partici- 
pate in the election of members of the board of examiners except 
whpre their teachers are not required to be examined by said board, 
as in Wheeling, Huntington, Charleston, Martinsburg, &c. 

LXI I. No more than two names should be proposed to the presi- 
dents of the boards of education at one time for members of the board 
of examiners. If either or both are rejected, then other nominations 
should be made. 

liXni. No person other than a teacher should be appointed a 
member of the board of examiners. 

LXiV. All appointees must hold No. 1 certificates or their equiva- 
lents. 

LXV. The county superintendent has the sole right to name candi- 
dates to the presidents for members of the board of examiners. 

LXVI. All school officers, including members of the boards of ex- 
aminers, are required to take the oath prescribed by the constitution, 
section 5, Article IV. 

LXVII. The presidents of the boards of education liave no authority 
to elect persons members of the board of examiners not nominated 
by the county superintendent. 

LXVIII. The offices of president of board of education and mem- 
ber of the board of examiners are incompatible. * 

LXIX. The County Superintendent must remit to the Auditor at 
least cne-half the fees collected at eacli examination and not less 
than $1.00 for each applicant ; but in case the remaining half of the 
fees exceeds the amount of the per diem of the members of the 
Board, the publication of notices, and other legitimate expenses, the 
residue may be used to pay per diem of members of the Board in 
subsequent examinations in the same year where the receipts are in- 
sufficient. 

LXX. * * * * * * 



38 School Law op West Virginia 

LXXI. It is a gross violation of official duty for the presidents 
to remain absent from tlie meeting for the purpose of avoiding the 
appointment of examiners. They are subject to be fined under sec. 
59 School Lav?. Examiners hold over until a new appointment is 
made of successors. — Alfred Caldxoell, Attorney-General. 

LXXII. No person shall be employed to teach a public school who 
has not a teacher's certificate regularly issued and still in force. Shib- 
stitute teachers are permissible when the teacher is unavoidably ab- 
sent, and then only, with the consent of the school trustees. Sub- 
stitutes should have certificates of same grade as those whose places 
they fill. It is not necessary for the trustees to make a contract with 
a substitute. A teacher can not engage a school, make a contract 
for it, then employ a substitute and himself take another school. 

LXXIII. ****** 

LXXIV. The right of a member of the board of examiners to teach 
without examination is confined to the county in which such position 
is held. 

LXXV. I am of opinion that no person is eligible to membership on 
the county board of examiners who does not at the time of his elec- 
tion hold a teacher's state certificate or a certificate under the uniform 
system of examinations, or is a graduate of some reputable school, and 
in addition to this is an experienced teacher the strongest evidence 
of which is that he is able to receive tlie grade of certificate men- 
tioned. — Clarke W. May, Attorney-General. 

LXXVI. ****** 

LXXVII. I am clearly of the opinion that the Legislature never 
intended to say that because a trustee should teach in a district 
other than the one for which he is trustee that his oflice would thereby 
be vacated. I can see the legal impropriety of a teacher being trustee 
in his own district and possibly thus employing himself ; but surely 
he would have the right to teach in another district under a contract 
with the trustees of such other district. — Romeo H. Freer, Attorney- 
General. 

State Board 29a. I. 'There shall be a State board of examiners 
of Examiners. ^Yiicli shall consist of four competent persons, one from 
each congressional district, to be appointed by the State 
Superintendent of Free Schools; the term of office of 
such examiners shall be four years and vacancies in said 
board shall be filled by the State Superintendent of Free 
Meetings. Schools. Said board shall meet at two different places, 
at least in each congressional district in each year, for 
the purpose of making the examinations and granting the 
certificates provided for in this act, and any three of said 
members shall constitute a quorum. 
Grades of II. The board thus constituted may issue two grades 

cer 1 ca es. ^^ certificates to such as are found to possess the requi- 
site scholarship, and who exhibit satisfactory evidence 
of good moral character and of professional experience 
and ability, as follows : First class certificates for twelve 
years; second class, for six years. Any person holding 
a certificate of the first class, who shall have taught for 
eight years of said twelve years, shall be entitled, without 
examination, to have the same renewed at the expiration 
of the said twelve. 

The second class to be issued to applicants of satis- 
factory attainments in the branches required for county 
certificates, and in addition, not fewer than four other 
branches to be determined upon by the board. 



School Law of West Virginia 39 

The second class certificates shall be issued upon ap- Certificates 
plication, without examination, to the graduates of the g^i.a^uate*s of 
State University of West Virginia, of the Peabody ^or- certain .^^^ 
raal College of Tennessee, of the State normal school 
and its branches of West Virginia, and of other school? 
in this State whose grade of work is equal in all respects, 
in the judgment of the board, to the State normal school 
and its branches, where graduates shall have presented 
to the board satisfactory evidence that they have taught 
successfully three years in the State under a number one 
county certificate, two of which said three years shall 
immediately precede the application for such certificate. 

Teachers who shall present to the board satisfactory First class 
evidence that they have taught successfully four years piration^ ot' 
under a second-class certificate, shall be entitled to re- second, 
ceive, without examination, a first-class certificate at the 
expiration of the second-class. 

The board shall keep a record of the proceedings, Record, 
showing the number, date and duration of each certificate, 
to whom granted, and for what branches of study, and 
shall report such statistics to the State Superintendent 
annually on or before the thirtieth day of September. 

III. All certificates issued by such board shall be Certificate 
countersigned by the Superintendent of Free Schools ; Ichoo/'^ ^^^ 
and such certificates shall supersede any and all other ^^®*^^*^*- 
examinations of the persons holding them, by any board 

of examiners, and shall be equivalent to a number one 
certificate granted by a county board of examiners, and 
shall be valid in any school district in the State, unless 
revoked by the State board for a good cause. 

IV. Each applicant for a certificate shall pay the Fee. 
board of examiners a fee of five dollars. 

V. The board of examiners shall each receive a com- Compensa- 
pensation of five dollars per day actually and necessarily iners. 
spent in conducting examinations, and for one day to be 

spent in consultation and in preparing for their duties 
and six cents per mile for each mile necessarily traveled 
in going to and returning from the place of examination. 
This compensation shall be paid out of the fees received 
from the teachers examined, and shall in no case exceed 
the amount so received. 

Said board shall, at the end of each school year, make Annual report 
and return, to the State Superintendent of Free Schools, p°erfntendent. 
a detailed and certified account of the names of all the 
applicants for examination, the amount of the fees re- 
ceived, the amount paid out to the members of the board, 
and the balance, if any, shall be paid over to the treas- 
urer of the State, to be placed to the credit of the dis- 
tributable school fund. 



40 School Law of West Virginia 

LXXVIII. Graduates of the State Normal School and of the State 
University, in order to secure the second class certificates, must 
present to the State board of examiners satisfactory evidence that 
they have taught successfully three years under a Number 1 county 
certificate ; two of which said years must immediatelj' precede the 
application for the certificate. 

Teachers to 30. Every teacher shall keep a daily register and make 
and^ fe*rm monthly reports to the secretary of the board of educa- 
registers. fjon of liis district. He shall also keep a term register in 
which shall be entered the date of the commencement 
and termination of every term of school, the name and 
age of every scholar who attended the school during said 
term, the daily attendance, distinguishing betweeen males 
and females, the branches taught and the number of 
scholars engaged each month in the study of each branch, 
and such other particulars as are necessary to enable the 
secretaries of the boards of education, or directors, to 
make the reports required of them; and such monthly 
report shall in addition to other facts now required show 
the number of days taught by a substitute, if any, and 
the grade of certificate held by such substitute. 

The State Superintendent of Free Schools shall pre- 
scribe such forms and regulations respecting the register 
to be kept and the reports to be m,ade by the teachers as 
shall seem to him necessary. At the close of each terra, 
the register thereof -shall be returned by the teacher to the 
office of the secretary of the board of education of the 
Forfeit for district, who shall file the same, and unless such register 
turn 'term '^ ^^ properly kept and returned, the teacher shall not be 
register. entitled to demand payment for the balance due on his 

salary. Teachers shall be paid monthly, and by orders 
on the sheriff, or collectors, signed by the secretary and 
president of the board, which orders, when signed as 
aforesaid and delivered to the teacher, shall be deemed 
at once due and payable. When any teacher has taught 
according to his contract, for one month, the trustees 
for the sub-district in which he has taught, shall certify 
the fact to the secretary of the district board, whereupon 
he shall receive from said secretary an order upon the 
sheriff or collector of the county, signed by the secretary 
and president of the board of education, for one month's 
salary ; but in no case shall such order be given unless 
the monthly report containing the facts required in the 
preceding part of this section, to be shown in the term 
register, be first duly made out and returned to the sec- 
retary. The school month shall consist of twenty days, 
excluding Saturday, all of Avhich shall be devoted to 
teaching the school contracted for. As a means of im- 
proving the teachers 'and fitting them for more effective 
service in the free schools of the State, teachers' insti- 
tutes shall be held annually throughout the State, one or 



School Law of West Virginia 41 

more in each county; they shall be held at such places 
as the State Superintendent shall, with the advice of the 
county superintendent, direct, and during the week pre- 
ceding that school term in each county, which a majority 
of the school teachers of such county may designate by 
petition to the county superintendent, or by vote at the 
preceding teachers' institute, and shall continue each for 
one week of five days. 

And every person employed as a teacher in the free Compensa- 
schools of the State, who has attended a county institute, insutute 
shall receive pay for the same at the rate of one dollar attendance, 
and fifty cents per day for a period not to exceed five 
days in any one year, the amount of such compensation 
to be paid, with the salary of the last month of the school 
term, out of the building fund of the district. 

The institutes shall be conducted by experienced and ^'^^tructors. 
skillful institute instructors, but it shall be a part of the 
duty of the county superintendent, under the instructions 
of the State Superintendent, to make all proper arrange- 
ments for the institutes, and to assist in conducting 
them. 

The instructors, whom the State Superintendent shall Compensa- 
appoint as herein provided, shall each receive for his ser- iMtructors. 
vices not more than twenty-five dollars and his expenses 
for each institute he may instruct, to be paid out of the 
general school fund on a proper order of the State Super- 
intendent, but in no case shall the amount so paid ex- 
ceed one hundred dollars for any one institute. 

Every teacher enrolling in a county institute shall pay institute fee. 
an institute fee of one dollar, seventy-five cents of which 
shall be remitted to the Auditor of the State to be paid 
into the State treasury to the credit of the general school 
fund, and twenty-five cents to be paid for incidental ex- 
penses and for the betterment of the institute. 

The county superintendent shall, at the close of the in- institute 
stitute, forward to the State Superintendent a certified sports, 
list of all persons enrolled at the county institute, giving 
the exact time each was in attendance and the amount 
of money received; he shall also forward to the Auditor 
seventy-five cents for every person so enrolled in his 
county. 

It shall be the duty of the State Superintendent to pre- Graded 
scribe a graded course of institute Avork covering a period course of in- 

» stil^ut^p work 

ot two years, which shall embrace history of education, 
school management, methods of teaching, educational 
psychology and such other subjects as may be prescribed 
for the West Virginia Teachers' Beading Circle. Any 
teacher who has completed the graded course of institute 
work and the graded course of professional stiidy and 
passed a satisfactory examination thereon, and also ob- 



42 



School Law of West Virginia 



Failure to 

attend 

institute. 



Who exempt tained a number one teacher's certificate, shall be exempt 
attendance.^ ^ from further compulsory institute attendance ; but any 
teacher so exempt may attend any such institute and 
draw pay for the same as above provided. Any teacher 
not exempt from institute attendance who shall fail or 
refuse to attend at least one institute annually held under 
the provisions of this section, unless such teacher shall 
have an excuse therefor sufficient in the judgment of the 
board of examiners, shall not be entitled to continue or 
complete the school term wherein he may be teaching or 
be employed to teach, in any free school during the year 
within which such failure or refusal may have occurred, 
and it shall be the duty of the county superintendent to 
see that such teacher or teachers are compelled to stop 
teaching for the year in which such failure occurred. 

There is hereby appropriated for the support of said 
county institutes, from the general school fund, the sum 
of six thousand dollars for the year 1903, and six thou- 
sand dollars for the year 1904. 

All acts or parts of acts inconsistent with this section 
are hereby repealed. 

LXXIX. In case where a teacher is prevented from continuing his 
school under his contract, by reason of contagious disease or other 
legitimate reason, such teacher should be allowed pay for institute at- 
tendance. 



Appropria- 
tion for 
institutes. 



* * * * The spirit of the law is that where a teacher voluntarily 
terminates his contract to teach by some act of his own, and abandons 
his school without legitimate reason therefor, he should not be allowed 
pay for institute attendance. — Romeo H. Freer, Attorney General. 

LXXX. * * * ju view of this condition, I am of opinion that 
institutes may be held any time after the third Monday in July of 
each year, and possibly as late as November. — Borneo H. Freer, At- 
torney-General. 

tXXXI. The secretary of the board should carefully examine the 
monthly summary which the teacher files at the end of each month, 
for it sliould contain a summary of what the teacher is recording in 
his term register, which is to become the chief basis of the secre- 
tary's report to the county superintendent. In no instance 'Should 
the secretary issue the teacher's order for his last month's salary 
until the term register is found to contain all data required by the 
above section, to be recorded in it. 

LXXXII. "The applicant for examination for a teacher's certificate 
must have attended one institute during the year or have an excuse 
for not so attending sufficient in the judgment of the board of exam- 
iners to entitle such applicant to be examined. Such attendance 
within the year, or sucli excuse is a condition precedent to the right 
to be examined." — Alfred Caldwell, Attorney-General. 

LXXXIII. When only a few days of a school term run into a new 
j'ear the school may be reported in the old year, but if a month or 
more of the school runs into the new year, then it should all be 
reported in that year. 

LXXXIV. The per cent of attendance and absence should make 100 
without the per cent, of non-membership. 

LXXXV. In making reports to the secretary, teachers should not 
count children of the sub-district not enrolled in the school — when a 
child is once enrolled he should be accounted for during the whole 
term, both before and after he is enrolled. 

LXXXVI. It is the duty of the presidents and secretaries of the 
boards of education to issue orders for money directed to be paid by 
the board. 



School Law of West Virginia 43 

LXXXVII. The following excuses are deemed of sufficient import- 
ance in all departments of life and may be regarded good for non- 
attendance at the institute : Sickness, death of a near relative, and at- 
tendance at court under summons. Frivolous and petty excuses 
should not be accepted. 

LXXXVIII. The trustees, if they employ a teacher who has not 
complied with the law requiring teachers to attend institutes, violate 
their oaths of office, and ought themselves to be removed if it is done 
wilfully. — Alfred CaldiveU, Attorney-General. 

LXXXIX. * * * * * 

31. In contracts with teachers, it shall be understood Holidays, 
that school is not to be kept in operation for ordinary 
instruction on the first day of January, fourth day of 

July, or the twenty-fifth day of December, nor any IsTa- 
tional or State festival or Thanksgiving day; but the 
month or time mentioned in such contract shall never- 
theless be computed as if the said days were included. 

32. All teachers, boards of education, and other school Teaching 
officers . are hereby charged with the duty of providing ™°'"*^'^- 
that moral training for the youth of this State which 

will contribute to securing good behavior and manners, 
and furnish the State with exemplary citizens. It shall Building fires, 
also be the duty of every school trustee to see that the 
school house is kept clean and in good order, and that 
fires, when necessary, are made and kept therein, but no 
expense shall be incurred therefor, to exceed fifty cents 
per week, and the amount thus expended shall be cer- 
tified by the trustees to the board of education, and shall, 
if correct, be paid out of the building fund of the dis- , 

trict. 

XC. Persons building fires should have A. definite contract with the 
trustees. ******* 

The Legislature intended by enacting s. 32 to compel the trustees 
to have school houses kept clean, fires made and kept, &c., by expendi- 
tures out of the building fund. * * * * 
The trustees have no right to alter the form of appointment prescribed 
by the State Superintendent so as to make it a duty of the teacher to 
do this work for the salary he is to get out of the 'teachers' fund.' 

* * I fully concur with the opinion given by my predecessor 
^General Watts) upon the section named. — Alfred Caldioell, Attorney- 
General. 

33. The president of the board of education of every p^-esident 
district shall, at least once a year, examine all the school ^l board 
houses now constructed or in process of construction and aii school 
school house sites in the district, and report the condition '^°'^^^^- 
of the same to the board; and such as are, in the judg- 
ment of the board, properly located and are sufficient, or 

can with reasonable expense be rendered so, shall be re- 
tained for the use of public schools, and the remainder, 
with the consent of the county superintendent, shall be 
sold at public auction or otherwise, by the board of educa- 
tion, and on such terms of sale as the board may order, 
and the proceeds be added to the building fund. The compensa- 
president of the board shall be paid for the actual time ^'^"g" j^g^^. ^^ 
required to visit said school houses and school house sites, board. 



44 School Law of West Virginia 

not to exceed three days, in addition to and in the same 
manner as provided in section six of this chapter. The 
board of education shall hereafter, whenever practicable, 
obtain a general warranty deed for all school house sites. 

XCI. I am of the opinion that the board has the right to sell 
the old school house notwithstanding the fact that the legal title had 
not been conveyed. This was an inadvertance that no out- can take 
the advantage of. The equitable title was in the board. I think the 
board can sell the house as provided in section 33 of chapter 45 of 
the Code. — T. 8. Riley, Attorney-General. 

XCII. The law does not empower boards of education to sell coal 
underlying school property. — Clarke W. May, Attorney-General. 

A similar negative opinion has been rendered by Attorney General 
Clilrke W. May concerning the right of a board of education to lease 
school property for oil and gas purposes. 

The board '^^- '^^6 board of education of every district shall pro- 

shaii provide vide by purchase, condemnation, leasing, buildino- or other- 

suitable . ^ ^ ^ ^ 

houses. Avise, suitable school houses and grounds in their districts, 

grounds, &c. jj^ such locations as will best accommodate the inhabitants 
thereof, and improve such grounds and provide such fur- 
niture, fixtures and appliances for the said school houses, 
as the comfort, health, cleanliness and convenience of the 
scholars may require, and keep such grounds school 
houses, furniture, fixtures and appliances in good order 
and repair; Provided, That in case such boards of edu- 
cation shall be unable to agree upon a proper location for 
a school house in any sub-district, such location shall be 
decided by the county superintendent. 
Districts may Boards of education in adjoining districts or counties 
.ioin in erect- may jointly provide for the erection of school houses 
houses. °° for the accommodation of adjoining portions of districts 
or counties, for high schools, union schools or sub-district 
schools, which from local causes, cannot be conveniently 
attached to sub-districts in the districts or counties to 
Title to joint "^^^ic^"^ ^^^^y belong. The title to such houses shall be vested 
building in- jn the board of education having supervision of the sub- 
district containing the greatest number of children, and 
terms indicating a trust for the purpose aforesaid shall 
be introduced into an agreement made between the boards 
of education interested. Such school houses shall be pro- 
vided with furniture, fixtures and such other appliances as 
are supplied to school houses generally. An equitable 
amount shall be assessed on each district interested, by the 
]-espective boards of education, for the purpose aforesaid. 
Boards of education shall in every case require bond of all 
contractors, with approved security, in double the amount 
of the contract for building or repairing school houses. 
Officers not to '^^ county Superintendent, board of education, or any 
be personally member thereof, or trustee of any sub-district, shall, 
contr^act. '° dircctly or indirectly, become personally interested in any 
contract for building or repairing school houses in his or 
their district; and any county superintendent, member 



School Law of West Virginia 45 

of such board, or any trustee, violating this section shall 
be guilty of a misdemeanor and fined not less than one 
hundred dollars. 

XCIII. The length of a school term in union schools must be de- 
termined by the term fixed by the district in which the school is lo- 
cated, for its schools. The trustees of the sab-district would con- 
trol the location of the school, &c. All the boards of education of the 
district out of which the pupils are sent have to do, is to pay a just 
part of the expense of the union school. — Alfred Caldtoell, Attorney- 
General. * 

XCIV. In case the land owner, on whose land a school house is 
built by a board of education before a deed is delivered therefor, re- 
fuses to make the deed, proceedings in a court of equity may be 
instituted by the board to compel the specific performance of the con- 
tract. 

XCV. Chapter 65, Acts 1879, makes it a rdisdemeanor for any 
county or district school officer to become directly or indirectly 
pecuniarily interested in contracts, lettings and furnishings in cases 
where he has a voice or control. See Acts 1879, chapter 65, wherein 
it is provided that : "It shall be unlawful for any member of a 
county court, overseer of the poor, district school oiHcer, or any mem- 
ber of any other district board, or for any county or district ofiicer 
to be or become, directly or indirectly, pecuniarily interested in the 
proceeds of any contract or service, or in furnishing any supplies in 
the contract for, or the award or letting of which, as such member 
or oflScer, he may have any voice or control." See also section 13 of 
this chapter. 

XCVI. When the board fails to agree upon the location of a school 
house, and the county superintendent is called to decide the matter, 
his decision is final and from it no appeal can be taken. 

XCVII. A county superintendent has no authority to select a site 
for a school house. He can only act when the board of education fails 
to agree as to a location. 

35. >Io school house shall be erected unless the plan Plans must be 
thereof shall have been submitted to the county super- county**su-*^° 
intendent, and approved by hini, and it is herelay made perintendent. 
his duty to acquaint himself with the principles of school 

house architecture, and, in all his plans for such struc- 
tures, to have regard to economy, convenience, health and 
durability of structure. 

XCVIII. The approval of the plans of school houses is, perhaps, 
the most important duty which the county superintendent has to per- 
form. He is thus made the architect of school house construction in 
his county, and if the same are ill-constructed, poorly ventilated, 
poorly lighted, and improperly heated, thus producing physical injury 
to the pupils, he is morally responsible. 

36. When land has been designated by the board of Land for 
education of any district as a suitable location for a may°be^con- 
school house and the necessary buildings, or for enlarging demned. 

a school house lot, if the owner or owners refuse to sell the 
same, or demand a price therefor which is deemed by the 
board unreasonable, or the owner is a feme covert, a minor 
non compos mentis, or non-resident, after ten days' notice, 
served upon such owner or owners, or the owner or owners 
being non-residents thereof, by publication for four weeks 
in some newspaper published in the county, or if there 
be no newspaper published in the county, by posting the 
same for four weeks at the front door of the court house, 
and five other public places in the county, at least two • 
of which shall be in the district and one in the sub-district 



46 



School Law of West Virginia 



School prop- 
erty exempt. 



in which such property is located, the board may petition 
the circuit court of such county, to have such lots of 
ground condemned for the use of public schools, and such 
proceedings shall thereupon be had in the name of such 
board for the condemnation thereof, as provided for in 
chapter forty-two of this Code; Provided, That the land 
so taken shall not exceed in quantity one acre. 

XCIX. When condemnation proceedings become necessary the board 
of educfation should consult and advise with the prosecuting attorney 
who will instruct it how to proceed according to the provisions of 
chapter XLII, of the Code of West Virginia. 

37. All school houses, school house sites and other 
property belonging to any board of education and used 
for school purposes, shall be exempt from execution or 
other processes, and from lien on, or distress for taxes or 
county levies; but when any order of the board, upon 
the sheriff of the county, or judgment or decrees for a 
sum of money against the said board has been presented 
to such sheriff without obtaining payment, payment there- 
of may be enforced by the circuit court by mandamus 
or an order for specific levy on the property taxable in 
the district. 

37a. Whereas it is represented to the legislature that,, 
prior to the introduction of the present free school 
system, m,any lots or small pieces of land were donated 
or purchased, and the title thereof, legal or equitable, 
vested in trustees with the view of erecting thereon build- 
ings designed exclusively for educational purposes, and 
that they were used for such purposes many years prior 
to the formation of the State, and are still used or claimed 
by the boards of education in the various school districts 
in many of the counties of the State, and that said trustees 
in many cases have departed this life or ieit the State, 
and others since the introduction of the free school sys- 
tem have declined to act or take any interest in, or control 
over, such lands; therefore. 

Be it enacted by the Legislature of West Virginia : 

1. That the title of all such lands be, and the same is 
hereby vested in the board of education of the school 
district in which such lands as have been in the actual 
possession of the board of education for the last five 
years, and are still in such possession and not otherwise 
claimed, may be, and their successors in office, to be held 
and used for free school purposes, and none other. 

2. If from any cause the board of education of the 
may be sold, school district in which any such land may lie, shall be 

of opinion that the interest and convenience of the schools 
of such district will be promoted by the sale of any such 
lands, they may sell and convey the same, and use the 
proceeds of such sales in the purchase of other lands and 



Title to cer- 
tain lands. 



Certain lands 



School Law of West Virginia 47 

the erection or repair of other buildings to be used and 
held for free school purposes, as in other cases. 

Sec. 38. To provide school houses and grounds, furni- Levy for 
ture, fixtures and apparatus, and keep the same in good "^ '°^ 
order and repair; to supply said schools with fuel and 
other things necessary for comfort and convenience; to 
pay teachers for institute attendance, and to pay any 
existing indebtedness against the building fund, and all 
other expenses incurred in the district in connection with 
schools not chargeable to the ' ' teachers ' fund, ' ' the board 
of education shall annually on the first Monday in July, 
or as soon as practicable thereafter, levy a tax on the 
property taxable in each district, not to exceed the rate 
of fifteen cents on every one hundred dollars valuation 
thereof; Provided, first, that if the board of education of 
any district shall be of the opinion that the maximum 
fixed herein is insufficient for any year it shall make up 
an itemized estimate of the expenses to be provided for in Additional 
such year with the rate of levy in cents on each one hun- [fi^v'jded'for 
dred dollars on the valuation necessary to provide for the 
payment thereof, and may submit the question of an in- 
crease levy to the voters of the district at an election to be 
held therein on not less than thirty days published notice, 
and may make such rules and regulations as ma}^ be nec- 
essary for the holding of such election, and if the majority 
of votes cast on the question of an increased levy at such 
election be in favor of such levy, the board of education 
may levy such amount stated in the notice of the election 
as necessary ; Provided, second, that in case it is necessary 
to construct a new school building in any year or to finish 
paying for any building already erected,' or being erected, 
the levy for siich year may be made any amount necessary 
not exceeding twenty-five cents on the one hundred dol- payment of 
lars valuation of property, provided further, that if there ^°^®^*®^"*'®'* 
is any indebtedness contracted for and not provided for, 
against said fund on account of any building now r.nder 
construction, the board of education may issue ordt^rs for 
such indebtedness, which orders shall bear interest from 
date, and a list of such orders shall be kept by the secre- 
tary, and the board may from year to year, lay such addi- 
tional levy not to exceed twenty-five cents on every one 
hundred dollars worth of taxable property within the said 
magisterial district from year to year until all of such 
indebtedness and orders are paid off. 

Provided, third: Districts and independent districts P^^y^^^jit^of 
having outstanding bonds may increase the levies a-f ore- bonds and 
said by an amount sufficient to pay the interest on such ^f ga^'e_"P^' 
bonds and the principal thereof in the time provided in 
the issue of such bonds, but the proceeds of such addi- 
tional levy may be used for that purpose and no other. 



48 



School Law of West Virginia 



To make 
an estimate. 



Building 
Fund. 



Levy for 
support of 
scliools. 



Before laying the levy herein provided for, or any part 
or portion thereof, the board shall proceed to make up an 
estimate of the amount necessary to be levied for, which 
estimate shall set forth the several heads of expenditures 
with the amount estimated as necessary under each head 
and shall enter the same on its record or minutes; such 
record shall be open to the inspection of any tax payer of 
the district or any official or officials whose duty it is to 
see that the laws concerning the levying of taxes are faith- 
fully enforced. 

C. It is the duty of boards of education to levy for a sufficient 
amount for both teachers' and building funds, to do all that is neces- 
sary to have all the schools in their respective districts taught six 
months in the year unless such amount would require a levy of more 
than the maximum rate fixed by law. See section 40 and decisions 
thereunder. 

CI. Power of board to purchase outline maps and dictionaries — 
Section 14 seems to imply that there may be apparatus and library 
connected with the public school. Section 16 limits power of trustees 
but not the board of education as to expenditures for certain articles. 
I am inclined to a liberal construction of the law in respect to what 
is a proper expenditure of the building fund. I believe outline maps, 
dictionaries for reference and any other necessary apparatus for the 
instruction of the scholars in the branches to be taught in the school, 
reasonable in amount, can be purchased out of the building fund at 
the discretion of the board of education by virtue of the authority 
conferred by the 34th section upon such board to provide such furni- 
ture, fixtures and appliances for the school houses as the convenience 
of the scholars may reqnive.^Alfred Caldwell, Attorney-Oeneral. 

39. The proceeds of taxes so levied, of school houses 
and sites sold, of all donations, devises and bequests appli- 
cable to any of the purposes mentioned in the preceding- 
section, shall constitute a special fund to be called the 
"building fund," to be appropriated exclusively to the 
purposes named in the preceding section. 

CII. A balance due the building found should not be taken by 
the board to pay debts against the teachers' fund, nor should money 
be taken from the teachers' fund to pay claims against the building 
fund. 

cm. Insurance paid for the destruction of a school house by 
fire is paid to the credit of the building fund of the board of educa- 
tion generally, and may be used to erect another building In the same 
or a different place, or for other purposes, as the board may direct. 

CIV. To supersede or correct a school levy by the circuit court. 
For process, see Acts of 1875, chapter '72, and Wells, et al vs. Board 
of Education, 20 W. Va. 157. 

Sec. 40. For the support of the primary free schools 
of this district, and of each independent school district, 
and to pay any existing indebtednes against the "teachers' 
fund," the board of education thereof shall annually on 
the first Monday in July, or as soon thereafter as. possible, 
levy by the authority of the people as prescribed in section 
two of this chapter, such tax on the property taxable in 
the district as will, with the money received from the 
state for the support of free schools, be sufficient to keep 
the schools in operation at least six months in the year; 



School Law. of West Virginia 49 

the proceeds of this levy, together with the money received 
from the state as aforesaid and this amount in the hands 
of the sheriff to the credit of the teachers' fund of any Teachers' 
district, shall constitute a special fund to be called the*""*^- 
''teachers' fund" and no part thereof shall be used for 
any other purpose than the payment of teachers' salaries 
for the current year. Upon the failing of any board of Board may 
education to lay such levy as is herein required, or any \^ levy.^^"^^ 
other levy provided for in this chapter, they shall be 
compelled to do so by the circuit court of the county by 
writ of mandamus, unless good cause be shown to the 
contrary; Provided, first, the levy herein provided for 
shall not in any one year exceed the rate of twenty-five 
cents on every one hundred dollars valuation of the prop- 
erty in the district, according to the latest available assess- 
ments; Provided, second, that if the levy provided for in 
this section shall not be sufficient to run the schools in 
the district six months the board may increase such levy 
to any amount actually necessary to run the schools not 
less than six months ; nor longer in the independent school 
districts. Provided, third, that in any magisterial, or any special 
independent school district where such district maintains ^^^^' 
a high school the board of education may levy for said 
high school in any one year a rate not to exceed ten cents 
on each one hundred dollars valuation of the property in 
the district, according to the latest available assessment 
in addition to the levy that is provided for above. 

CV. If a twenty-five cent teachers' levy will not support the schools 
of a district for six months, reasonably and economically conducted, 
together with the aid received from the State, the board of educa- 
tion is not only authorized by the statute to exceed that limitation but 
it is its duty under the law to do so. 

CVI. Under the provisions of this section, the free schools must be 
kept in operation at least six months in the year, and as many more 
as may be determined by the voters of the district. 

CVII. A board of education may be compelled by a writ of man- 
damus to levy at a sufficient rate to run the schools of a district six 
months, if the people have directed by vote that the levy be made 
and the rate of levy does not exceed the limit prescribed by law which 
may under the provisions of section 40, by special levy exceed twenty- 
five cents on the $100. 

CVIII. A board of education violates a plain provision of the law 
when it pays "existing indebtedness" out of the levy for the current 
year and thereby shortens the term of the schools of the district be- 
low six months. A sum necessary to run the schools six months 
must be provided, and if anything is left it may be applied to exist- 
ing indebtedness. 

41. If the board of education of any district agree 
that the school in their district should be continued more Longer term 
than five* months in the year, or if twenty or more voters months, 
of the district ask it, in writing, they shall submit the 
question to the voters thereof at the next general election, 
which order shall state also the length of time for which 

•The minimum term Is now six months (see sec. 40.) 



50 School Law of West Virginia 

it is proposed to continue the schools. Ballots may be 
used for voting on the question, on which may be written 

or printed "for months schools"; for those who 

are in favor of more than five* months school ; those who 
oppose a longer term than five* months may vote with a 
ballot having written or printed on it, "against more than 
five months school." And if the proposition for a longer 
term than five months have a majority of all the votes 
cast for and against, then the board shall order the levy 
accordingly. Provided, That in any district where a poll 
is held for a purpose herein specified, notices of such 
election shall be posted by the secretary of the board of 
education in at least three public places in the district, 
at least three weeks before the day of voting; and the 
notice shall explicitly state the term of time for the school, 
which is to be voted for, and only two terms of time shall 
be voted for at any one election. And the time of the 
term voted for at such election shall continue for two 
years. The poll shall be held and the election conducted, 
and the official records returned as prescribed in the sec- 
ond section of this chapter. 

The trustees in each sub-district ma}^, in their discre- 
tion, order all the schools under their jurisdiction to 
begin in any month in the school year. 
To get share 42. No district or independent school district shall 
iev^*s*^ *"°*^ hereafter receive any share of the distributable State 
necessary. fund for free schools, in any year in which the levy 
required by the fortieth section has not been made in 
such district or independent school district; and any 
money heretofore or hereafter distributed, and undrawn 
and remaining credited on the books of the Auditor to 
any such district or independent school district on the 
thirtieth day of June in each year, shall, on that day, 
be transferred on the books of the Auditor to, and form 
a part of, the general school fund to be distributed. 

CIX. It is the duty of the county superintendent of any county in 
which a district or districts have voted down the levy, to inform the 
Auditor of the same, giving name or names of said district or dis- 
tricts that he may properly transfer that part of the State fund due 
such district or districts for that year to the general school fund. See 
section 61, last clause. 

Assessor's 43. The assessor of every assessment district shall 

bas*is^for* make out and deliver to the secretary of the board of 
school levy, education of each district in his district, on or before 
the first day of July in each year, a certificate showing 
the aggregate value of all personal property; and the 
clerk of the county court shall certify to the said secre- 
tary the aggregate value of all real estate in such dis- 
trict or independent school district, which certificates 



*See foot note page 49. 



School Law of West Virginia 51 

shall serve as a basis for any levy that may be made for 
school purposes for that year. 

44. Immediately upon the receipt of the certificates 
mentioned in the preceding section^ and of the notice 
from the county superintendent, as hereinafter provided, 
showing the amount of the general school fund to which 
such district, or independent school district, is entitled, 

it shall be the duty of the board of education of such ~ ■ 

district, to determine the rates of taxation necessary, ior^Q^^.^ must 
the pay of teachers and for the building fund in 'their ^|termine ^ 
district for the school year, and for the payment of anytion, 
such existing indebtedness, as aforesaid, and report the 
same, by their secretary, to the clerk of the county court, 
to the county superintendent, and also to the assessor; 
and thereupon, it shall be the duty of said assessor to 
extend on his books of assessment for State and county 
purposes, the amount of taxes levied as aforesaid, in two 
separate columns, the one headed "^teachers' fund," and 
the other "building fund," from which extension the 
sheriff shall proceed to collect the same, and shall account 
therefor as required by law. 

Any assessor who shall fail to make out and deliver jpjQg j^ ^.g^. 
the certificate mentioned in the fortj^-third section, and tain cases, 
any secretary of a board of education who shall fail to 
make out and deliver the certificate named in this sec- 
tion, shall be fined twenty-dollars for the benefit of the 
building fund of the district. And any assessor who 
shall charge on the assessor's books, as provided in the 
preceding section, a greater amount of taxes than is due 
from the person charged therewith shall, in such case, if 
the overcharge be inadvertently made, be fined double 
the amount, and if wilfully made, ten times the amount 
of the overcharge, one-half thereof to be applied to the 
benefit of the building fund, and the residue to the in- 
former. 

The fines provided for in this section may be recovered, jj^^ gjjg 
on motion of any citizen of the district, or sub-district, in recovered. ^ 
which such overcharge or delinquency of the assessor —^'-'^ 
or secretary shall occur or in which the property over- 
charged may be, on ten days' notice before any justice 
of such district, or by indictment in the circuit court. 

ex. The rate of taxation and levy cannot be determined and laid 
before the first Monday in July of each year. See form of proceedings 
at this meeting, in Appendix. 

45. It shall not be lawful for the board of education jjo^rd must 
of any district, or independent school district, to con- not create 
tract for, or expend in any year, more than the aggregate 
amount of its quota of the general school fund, and the 
amount collected from district or independent school 
district levies for that year, together with any balance re- 



52 School Law of West Virginia 

maining in the hands of the sheriff, or collector, at the 
end of the preceding year, and such arrearages of taxes as 
may be due such district or independent school district. 

?rea*te™^fn^^ But in districts wherein there is a town with 
certain cases, ^j^ enumeration of youth of school age of three hundred 
or over, the board of education of such district may bor- 
row money and issue bonds therefor for the purpose of 
building, completing, enlarging, repairing or furnishing 
school houses, in such town. Said bonds shall be payable 
not exceeding tAventy years from their date, and the 
rate of interest thereon shall not exceed six per centum per 
annum, and said bonds shall not be sold for less than par, 
but in no other case shall any debt be incurred 
by such board to be paid out of school money for any 
subsequent year; Provided, That no debt shall be con- 
tracted under this section which shall, including existing 
indebtedness, in the aggregate, exceed five per centum on 
the value of the taxable property in said district, to be 
ascertained by the last assessment for county taxes 
previous to the incurring of such indebtedness, nor 
without at the same time providing for the collection of a 
direct annual tax sufficient to pay annually the -interest 
on said debt, and the principal thereof, within and not 
^ygj°^g^°°*^® exceeding twenty . years ; and, provided, further, that 
voted on by no debt shall be contracted under- this section unless all 
peep e. questions connected with the same shall have been first 
submitted to a vote of the people of said district, and shall 
have received three-fifths of all the votes cast for and 
against the same. Such election shall be held and con- 
• ducted in the same manner as the general school election 
provided for in this chapter. 

If the trustees of any district, or any board of educa- 
tion shall make any agreement for the employment of a 
teacher in violation of this section, or for any other object 
concerning free schools under their charge, so as to occa- 
Trustees or sion thereby the aggregate of the just claims against the 
viduaiiy^^'' board of education of the district, or independent school 
responsible, district, in any year, to exceed its aggregate receipts, as 
aforesaid, for such year, such board of education, or trus- 
tees, shall be individually responsible to the teacher, or 
other person with whom such agreement is made. 

The board of education of each district, and of each in- 
dependent school district, in each county, shall require 
its secretary, ten days prior to the first day of July, in 
each year, to prepare and post at each place of election 
within said district, or independent school district an 
itemized statement, duly sworn to by the president and 
secretary of said board, showing all moneys disbursed by 
said president and secretary by orders on the sheriff, or 



School Law of West Virginia 53 

otherwise, within the school year, last preceding, distin- 
guishing between the teachers' fund and the building 
fund. The statement shall give the name of each person 
to whom an order shall have been issued, and shall state 
the object for which it was given. 

CXI. * . * • • • • * 

CXII. An important case arising under the provisions of Section 
45, was decided by tlie Supreme Court of Appeals, December 6, 1893, 
and is reported in 38 W. Va., p. 382. Tlie syllabus reads as follows : 

1. Schools and Sclioolliouses — Bpards of Education — Contracts — 
Construction of Statutes. 

Under section 45, c. 45, of the Code, the value of a school house 
and its site yet unsold, though the board of education intends to sell 
it, can not be taken into consideration in estimating the amount of 
money available in the fiscal year for contracts and expenditures. 

2. Scliools and Sclioolliouses — Boards of Education — Contracts — 
Construction of Statutes. 

Where a contract between a board of education and contractors for 
building a schoolhouse fixes a sum as the contract price, which may 
exceed the amount of money aA'ailable under section 45, c. 45 of the 
Code for a fiscal school year, but contains a provision that no liability 
shall be imposed by such contract on the board for anything beyond 
the sum lawfully available under that section, so as to prevent the 
contractors from recovering of the board anything beyond such sum, 
the contract is not unlawful under said section, so as to prevent the 
board from paying upon it such money as is applicable under said 
section. 

46. The sheriff or collector of the county shall receive, Duties of 
collect and disburse all school moneys for the several^ ^"^ ' j 
districts and independent districts therein, both that 
levied by said district and that distributed thereto by 
the State. He shall be required by the county court to 
give in addition to his bond as collector of the State and 
county taxes a special bond in approved security in a 
penalty equal to double the amount of school money 
which will probably come into his hands for school pur- 
poses during any one year of his term of office, which 
shall be made payable to the State of West Virginia, 
with one or more sureties deemed sufficient by such court, 
and proved or acknowledged before such court and an 
order stating such proof or acknowledgment shall be en- 
tered of record by such court. 

He shall keep his accounts Avith the several boards of 
education of each district and independent school dis- 
trict : one of money belonging to the teachers' fund and 
the other of money belonging to the building fund, and 
shall credit every receipt and charge every disbursement 
to the fund to which it belongs. He shall pay out no 
money standing to the credit of the board of education, 
except upon an order signed by the secretary and president 
thereof, specifying the sum to be paid and the fund to 
which it is to be charged; or upon a certified copy of a 
judgment, or a decree of a court of justice against the 



54 School Law of West Virginia 

said board, for a sum of money therein specified; or 
upon an order of the county superintendent, as provided 
in section eight of this chapter. 
Sheriff's set- He shall, on, or immediately before, the first day of 
bo^ds!^ ^^^^ July in each year settle with the board of education of 
each district and independent school district, in which 
settlement he shall be charged with the amount of taxes 
levied by the board of education upon the property of 
the district or independent school district, for the teach- 
ers' fund and building fund, and to pay any indebtedness 
of the district, and with the amount distributed thereto 
from the general State fund, and for any other moneys 
received by him during the current year on account of the 
free schools of such district or independent school district; 
and he shall be credited with the amount of delinquent 
school taxes of such district or independent school district 
that has been duly returned by him and certified by the 
clerk of the county court to such board of education. 

He shall also be credited in such settlement with all 
vouchers produced by him, if found to be correct by the 
district board of education, and he shall receive no other 
credits except his commission as hereinafter provided; 
an account of this settlement shall be made out by each 
board of education, naming the district for which it is 
made, with the proper debits and credits which were the 
subjects of this settlement. They shall also number all 
vouchers with which the sheriff has been credited by 
them, and endorse on the back of each the words, "Set- 
tled by B. E." Under this endorsement the secretary of 
the board shall sign his name and date of settlement. 
Sheriff's set- All such accounts and vouchers so endorsed shall then 
cmmty* court ^® delivered to the sheriff or collector whose duty it shall 
be to deliver them to the clerk of the county court, which 
accounts and vouchers shall serve as a basis of the settle- 
ment to be made by the sheriff or collector, with the county 
court, according to Article XII, and section 7 of the 
Constitution, and section fifty-two of this chapter. If any 
sheriff or collector shall pay out in any one year, more 
money on account of the teachers' fund or building fund 
than shall have been levied and could have been collected 
by him during said year, together with the amount re- 
maining in his hands from any preceding year, he shall 
in such settlement, receive no credit for such excess. 
Sheriff's com- He shall receive no pay for receiving and disbursing 
inroad ^"^ the State school fund, and not more than two per cent, 
taxes. for receiving and disbursing railroad taxes, and no pay 

for the disbursement of any school money, arising from 
the sale of school property or received from any other 
source than levies. If he fail to account for and pay 
over, as required by law, any money which may come 



School Law of West Virginia 55 

to his hands, or for which he is liable, judgment may be 
recovered therefor against him and his securities, with 
interest and ten per cent, damages; and upon the failure 
of such sheriff to pay any proper draft which may be sheriff to en- 
drawn by the said board of education upon him, the ^^^^^ drafts. 
person entitled to receive the sum of money specified in 
such draft may require the sheriff to endorse thereon, or 
write across the face thereof the words "presented for 
payment," with the proper date, and sign the same, and 
judgment upon motion therefor may be obtained against 
the sheriif before any justice of his county, or before the 
circuit court thereof, with interest from the time said 
draft was presented and ten per cent, damages, he having 
had at least ten days' notice of the motion; Provided^ 
That no sheriff shall be required to endorse any school 
order, nor shall suit be brought on any such school order , 

prior to the first day of November of the current school 
year. 

CXIII. Where error is discovered after a settlement has been made 
it may be corrected by proper legal proceedings. 

CXIV. See Code, chapter 41, section, 56, as to penalty for sherilT, 
who shall fail or refuse to pay any draft or order lawfully drawn upon 
him, under certain circumstances. 

CXV. Neither the board of education as a corporation, nor the 
members thereof individually, are liable to a sheriff who has paid out 
more in any year, on account of the teachers' fund, than has been 
levied and could have been collected by him during such year, together 
with the amount remaining in his hands from any previous year. — 
Alfred Caldwell, Attorney-General. 

CXVI. School orders shall be received at par value In payment of 
taxes, county and district levies, militia fines and officers' fees, etc. — 
See section 16, chapter 41, Code. 

CXVII. There is no law providing for the payment, by boards of 
education, of fees to county clerks for preparing abstracts of sheriffs' 
settlements as required by section 52 ; or certifying delinquent lists to 
boards of education, as required of him by this section, or for certi- 
fying the value of real estate to said boards as he is required to do 
by section 43. This work is a part of his duty as a county officer, 
for which he is paid a salary out of the county treasury by the county 
court. 

47. The delinquent lists for district levies shall be re- 
turned and real estate sold therefor, as hereinafter pro- 
vided. 

Such lists of delinquent lands shall be in form, or in 
substance, as follows: 

''List of real estate in the district of , in the county 

of , delinquent for the non-payment of school taxes 

thereon for the year :" 



56 



School Law of West Virginia 









c3 


M 

rt 








is 


























O 


tH OJ 








"— ♦ 










c3 M 
^O 














c3 


c3''3 




a 




•d 

0) 


Name of Person. 


2 

0) 


O 


§1 




a 


> 


a 




jU 






M 








"•-* 


no 


o " 






, 1 


2^ 






03 


go 


li 


03 


2 


.5 
'3 

0) 


















o< 


^" 




H 


» 


ft 


p 


H 


pq 


cc 





















The delinquent lists of personal property shall be in 
form or in substance as follows: 

''List of personal property in the district of , in 

the county of , delinquent for non-payment of school 



taxes thereon for the year 



Name of Person. ^ 



^i 








i 




















O 03 








0) 

d 








cl 


'6 


t>> 








2'S 
3 (p 




<« 


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"3 


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be 

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And the sheriff or collector returning such lists shall, 
at the foot thereof, subscribe the following oath: "I, 

A B , sheriff, (deputy sheriff or collector), of 

the county of , do swear that the foregoing list is, 

I verily believe, correct and just; and that I have re- 
ceived no part of the taxes for which the real estate (or 
personal property, as the case may be), therein mentioned 
is returned delinquent, and that I have used due dili- 
gence to find property within my county liable to dis- 
tress for said taxes, but have found none." 
Property 48. The Said lists shall be returned to the county 

tion 'of ^®P°^^" court, before the first day of July in every year, and a list 
of real estate shall be examined, corrected and allowed by 
said court, and a copy thereof certified to the Auditor, 
and another copy to the assessor for future use in making 
out the next land book. The list of personal property 
shall also be examined, corrected and allowed by the 
court, and the amount thereof so allowed, together with 



School Law op West Virginia 57 

the amount allowed of the list of real estate, shall be cer- 
tified by the clerk of said court, to the secretary of the 
board of education of the proper district. The original 
list shall be preserved by the clerk of said court in his 
office. 

CXyill. Secretaries should see to it tliat clerks of the county courts 
furnish them with these lists before the first Monday in July, as 
required by law. 

49. The auditor shall include the school taxes on real Return of 
estate so returned delinquent, in his list to be furnished fands?^^^*^ 
the sheriff for sale for delinquent taxes. 

50. There shall be a lien on all real estate for the dis-Lien on real 
trict levies assessed thereon, from the day fixed by law ^|vfe*s. ^^^ 
for the commencement of the assessment of taxes therein 

for each year, and interest upon such levies at the rate 
of six per cent, per annum, from the twentieth day of 
January in the year following that in which the assess- 
ment is made, until paj'^ment. 

51. A copy of the list of personal property, returned List of per- 
delinquent for the non-payment of district levies, shall, ty° returned"^' 
be placed by the clerk of the county court in the hands ^^'i'^'i'^^'^*- 
of the sheriff or collector for collection, to be collected 

and accounted for by him, in the same manner as for 
levies originally placed in his hands for collection; and 
he may collect such levies by distress or otherwise, at 
any time within two years after they are so placed in his 
hands. 

53. Every sheriff or collector shall be allowed fivesherirs com- 
ber centum commissions on the collection of all district ^gt'j.°°|.°°axes. 
levies for free school purposes. In addition to the settle- 
ments required to be made with each board of a district, 
every sheriff or collector of school moneys shall also make 
annual settlements, by districts, with the county court of 
his county, at its next term after the first day of July of 
each year, showing the amount of all moneys receivied and 
disbursed by him for the preceding year for school and 
building purposes from State and from the district and 
independent school district funds, and the amount due 
to each district, which settlement shall be made a mat- 
ter of record by the clerk of said court, in a book to be 
kept for that purpose. All accounts and vouchers required 
to be returned to the clerk of the county court by section 
forty-six of this chapter, shall be filed by said clerk in his 
office, and the file of each district shall be kept separate. 

If any sheriff or collector of school moneys shall fail penalty for 
to make the settlement required by this section at the {^ake^^settie- 
time required, without reasonable cause therefor, he shall ments. 
forfeit fifty dollars to the general school fund, and a like 
penalty shall be incurred by him for each subsequent term 
of the court that shall pass without such settlement. And 



58 



School Law of West Virginia 



Prosecuting 
Attorney 
shall take 
action. 



Members of 
board fined. 



the sheriff or collector shall moreover, be charged with 
twelve per cent, interest on all school moneys in his hands 
for the time he is in default in making the settlement re- 
quired in this section, which interest shall be charged up 
against him when the settlement shall be made. 

When the sheriff or collector shall fail to make this 
settlement at the time required herein, it shall be the duty 
of the prosecuting attorney to proceed by action against 
him and his securities in the circuit court, to recover the 
fine imposed upon him by this section. Every sheriff or 
collector shall, moreover, be liable to any person injured in 
consequence of his failure to make the settlemnet herein 
required. This settlement shall extend back to the com- 
mencement of the term of office of such sheriff or col- 
lector. 

If any board of education fail to make the settlements 
required by section forty-six of this chapter, with the 
sheriff, when requested by him to do so, each member of 
such board so failing or refusing shall be fined twenty 
dollars, for the benefit of the school fund. 

The clerk of the county court shall transmit an abstract 
of the settlement to the State Superintendent of Free 
Schools within ten days after the same has been made. 

And the retiring sheriff shall within sixty days after 
he shall have made his final settlement in the manner 
herein provided, pay and turn over to his successors in 
office such balances as may be shown due from him by 
said settlements upon such order as is prescribed by sec- 
tion forty-six of this chapter, and if he fail to do so, he 
shall be liable to the forfeit and penalty herein prescribed. 

Sec. 53. The county superintendent of free schools 
quanflcations sliall be a person of good moral character and of temper- 
and salary of. ate liabits, literary acquirements and skill and experience 
in the art of teaching. 

The county superintendent sliall receive for his ser- 
vices an annual compensation, as follows : In counties 
having not more than fifty schools, five hundred dollars; 
in counties having more than fifty and not more than 
seventy-five schools, five hundred and seventy-five dollars; 
in counties having more than seventy-five and not more 
than one hundred schools six hundred and fifty dollars, 
and in counties having more than one hundred and not 
more than one hundred and twenty-five schools, • seven 
hundred and twenty-five dollars, and in counties having 
more than one hundred and twenty-five schools he shall 
be allowed two dollars for each additional school more 
than one hundred and twenty-five. In addition thereto 
the county superintendent shall be allowed the same com- 
pensation for conducting examinations as is allowed his 
assistants; Provided^ that the salary in no case shall ex- 



County Super 



School Law of West Virginia ■ 59 

ceed twelve hundred dollars; such eompensatioii shall be 
paid quarterly upon orders drawn by the county superin- 
tendent on the state superintendent of free schools, who 
shall upon receiving the same draw his warrant upon the 
auditor therefor, payable to the said county superintend- 
ent, or to such person as he may direct; but the payment 
of the fourth quarter shall not be made until the county 
superintendent has made the reports to the state superin- 
tendent of free schools required by section twenty-two of 
this chapter and for every day after the first day of Sep- 
tember before the receipt of these reports the state super- 
intendent shall deduct three dollars from the salary of the 
county superintendent, unless said reports are delayed by Forfeit for 
sheriffs' settlements or reports from secretaries of boards reports^ 
of education; the salary of the county superintendent 
shall be paid out of the general school fund, but the 
amount thereof shall be deducted by the auditor from the 
amount next to be distributed to each county. 

As a further means of improvement among teachers, to conduct 
the county superintendent shall arrange for and conduct ^^|g"^* ^°®*'" 
district institutes, or teachers' round table, one or more to 
be held in each district of his county within the school 
year, and at such time and place as is most convenient 
for the teachers. Boards of education shall allow the pay for 
teachers of their respective districts at least one <3ay's ^^^^g^^^^^^g^ 
pay in each school year for their actual attendance upon 
said district institute, such day to be counted as if spent 
in teaching, and as a part of the school term. The county 
superintendent shall certify to the secretary of each board 
of education the attendance of teachers of the different 
district institutes, and credit shall be allowed for the one 
day's attendance herein provided for, in the school month 
in which said institute is held; Provided, that no teacher 
shall be allowed such pay unless he has been regularly em- 
ployed by the trustees or board of education. 

The county superintendent shall, before entering upon Bond of 
the duties of his ofiice, execute a bond conditioned ac- |^°^g°*^gQ^'^P^'^' 
cording to law, before the county court of his county, or 
the clerk thereof in vacation, in the sum of one thousand 
dollars "with approved security, upon which bond he shall 
be liable in any court having jurisdiction, to any person 
or persons, or to any board of education for losses sus- 
tained by reason of his neglect, or non-performance of his 
duties imposed by this chapter ; said bond shall be filed in 
the office of the clerk of the county court, who shall within 
five days, certify to the state superintendent of schools the 
name of said county superintendent and his post office 
address ; Provided, that the county superintendents here- 
tofore elected shall continue in office until their successors 
shall have been elected and qualified under this chapter. 



60 



School Law of West Virginia 



Vacancies, A vacancj in the office of county superintendent shall 

°^ ^ ■ be filled for the unexpired term by the presidents of the 
boards of education in the county, at a meeting to be called 
for that purpose by the clerk of the county court at the 
court house of the county wdthin thirty days after the 
vacancy occurs. A majority of said presidents shall be 
necessary to constitute a quorum at such meeting. 

CXIX. County superintendents must make their reports to the State 
Superintendent full and complete before making requisition for last 
quarter's salary; and the State SHiperintendent must see to it that 
said report is full and accurate before issuing his requisition upon 
the Auditor for said last quarter's salary of county superintendent. 

CXX. I am of the opinion that there are as many schools as there 
are teachers, doing separate and distinct work in separate and distinct 
apartments. — Romeo H. Freer, Attorney General. 

CXXI. The offices of county superintendent and of notary public are 
not incompatible. 

CXXII. The county superintendent should not pay the secretaries 
until he has examined their books and found them correct. If he does 
this he violates the plain provision of law as set forth in section 8 
of this chapter. 

CXXIII. The salary of the county superintendent depends on or is 

regulated by the number of schools, and I have no doubt that if the 

number of schools increase so as to increase his salary during his term 

of office lie is entitled to such increased salary. — T. 8. Riley, AttorHey- 

• General. 

CXXIV. Teachers cannot claim pay for attendance at district in- 
stitutes held on Saturda.y for that is not a legal school day. It would 
also increase their salaries without warrant of law. — Romeo H. Freer, 
Attorney General. 

County su- 54. The county superintendent shall visit each school 
fo^ vfs^it°*^'^°* within his county, at least once in each school year, at 
schools. such time as he may deem necessary and proper, and 

note the course and method of instruction and the 
branches taught and give such directions in the art of 
teaching, and the method thereof in each school, as to 
him shall seem necessary or expedient, so that the uni- 
formity in the course of studies and methods of instruc- 
tion employed shall be secured, as far as practicable, in 
the schools of the several grades, respectively. 

He shall acquaint himself, as far as practicable, with 
the character and condition of each school, noting any 
deficiencies that may exist, either in the government of 
the school, the classification of its scholars, or the method 
of instruction employed in the several branches, and shall 
make such suggestions in private to the teacher, orally or 
by writing, as to him shall appear to be necessary to the 
good order of the schools and the progress of the scholars. 
He shall note the character and condition of the school 
houses, the sufficiency or insufficiency of their furniture 
and fixtures, and shall make such suggestions to the sev- 
eral boards of education and trustees as in his opinion 
shall seem conducive to the comfort and progress of the 
scholars in the several schools. 



School Law of West Virginia 61 

55. It shall be the duty of the county superintendent County and 
to aid the teachers in all proper efforts to improve them- "utes! 
selves in their profession. For this purpose, he shall en- 
courage the formation of county institutes for mutual 
improvement; shall attend the meetings of said institutes 
whenever practicable, and give such advice and instruc- 
tion, in regard to their conduct and management, as in 

his judgment will contribute to their greater efficiency. In 
connection with superintendents of the adjoining counties 
each county superintendent shall encourage the formation 
of union institutes; shall attend and participate in the 
exercise of the same, as far as practicable; and shall use 
all proper means to improve the efficiency of the teachers 
and to elevate their profession. 

He shall at all times conform to the instructions of 
the State Superintendent of Free Schools, as to the mat- 
ters within the jurisdiction of the said Superintendent, 
and shall serve as the organ of communication between 
him and the several district boards of education. He 
shall distribute from his office all blanks, circulars, copies 
of school laws and other communications from the State 
Superintendent to the several boards and persons entitled 
to receive the same. 

56. In addition to the reports mentioned in the twenty- ^up°i.'^tend- 
second section, it shall be the duy of the county superin- ent's re- 
tendent to make out and transmit to the State Superin- ^°'"*' 
tendent of Free Schools a detailed report of the condi- 
tion and character of the schools within his county, not- 
ing all deficiencies and suggesting their remedies, with 

such remarks upon the operations of the school laws as 
his experience and observation may suggest, pointing out 
wherein he considers them deficient. He shall also report 
such districts as have failed to make returns of the enu- 
meration of youth as required in the nineteenth section of 
this chapter; and also those districts that have failed to 
make the levy required in section forty. It shall be the 
duty of the county superintendent to make in a well bound 
book to be kept for the purpose, a record of all his pro- 
ceedings; of all certificates issued by the board of ex- 
aminers, and of all reports made by him, v\^hich book shall 
be the property of the office; and all outgoing county 
superintendents shall make the report required for each 
year of their service. 

CXXV. The law as laid down in section 56, Is explicit In requiring 
a written report of the condition of the schools and school work over 
which they have supervision. Blank pages are found in the county 
superintendent's "annual report" and the same should be properly 
filled. 

57. No school officer, or teacher of any free school, ^j^^^^'^'^^^'^g^jlg^ 
shall act as agent for any author, publisher, bookseller, or not to act as 
other person, to introduce or recommend the use of any^^^°*^' 



62 



School Law of West Virginia 



book, apparatus, furniture, or other article whatever, in 
the free schools of this State, or any one or more of them, 
or directly or indirectly contract for or receive any gift 
or reward for so introducing or recommending the same; 
nor shall such person be otherwise interested in the sale, 
proceeds or profits of any book or other thing used, or 
to be used in said schools ; Provided, That nothing herein 
shall be construed to apply to any book written, or thing 
invented by such person, or to merchants who, in connec- 
tion with their business, may desire to sell school books or 
other things used in schools. Provided, further. That the 
same are embraced in the prescribed series. 

CXXVI. It is not a violation of law for the teacher to order for 
the pupils of his school, they furnishing the money, the lawful con- 
tract school books they need, at the contract price, either by mail or 
express. The teacher would violate the law, however, if he took any 
profit, or in any sense became an agent or dealer in school books. 

School book I. There is hereby established in every county of this 
State a school book board, to be composed of the county 
superintendent of the county, who shall be a member 
and the secretary of the board and eight other reputable 
citizens and taxpayers of the county. At least four of 
the eight shall be freeholders and not school teachers,, 
and at least three shall be persons actively engaged as 
teachers in the schools of the county, and shall hold a 
teacher's number one certificate or its equivalent. Not 
more than five of said eight shall belong to the same 
political party. The said eight persons shall be appointed 
How ap- jjy the county court. The term of office of each of said 
term ^of 'office, members shall be four years and until their successors 
are appointed, beginning on the first day of July next 
after their appointment. Said appointment shall be made 
on or before the fifteenth day of June, one thousand eight 
hundred and ninety-seven, and in every fourth year there- 
after on or before the fifteenth day of July, and the term 
of office of those appointed after the first appointment 
(except appointments to fill vacancies) shall begin on the 
first day of August next after their appointment, and 
continue four year and until their successors are ap- 
pointed. They shall receive as compensation for their 
services the sum of two dollars per day for each day they 
shall be in session as a board, and shall not receive pay for 
more than two days in any one year, which compensation 
shall be paid out of the county treasury. Vacancies in said 
board shall be filled for the unexpired term in the same 
manner as the original appointment was made. Five 
members shall constitute a quorum, but a smaller num- 
ber may adjourn from day to day until a quorum appears. 
Every person so appointed shall, before entering upon his 
duties, take an oath that he will support the Constitution 
of the United States and the Constitution of West Vir- 



When 
appointed 



Compensa 
tion. 



Vacancies. 



Quorum. 



School Law of West Virginia 63 

ginia, and that he will faithfully discharge the duties of 
his office. A certificate of every such oath shall be filed 
with and preserved by the clerk of the county court, 

II. The secretary shall keep a record, in a book pro- secretary, 
vided for the purpose, of the transactions of every meet- 
ing of the board, and shall record the names of the mem- 
bers voting for and against every proposition to adopt 

any text-book; which record shall be open to the inspec- ' 
tion of any citizen of the county. 

III. Immediately after the appointment of said board, 
in the year one thousand eight hundred and ninety-seven, 
it shall be the duty of the county superintendent to com- 
municate with the publishers of text books, inviting the 
submission by such publishers of samples and prices of 
their books. When such samples and prices have been 
obtained, it shall be the duty of said board to meet at the 

county seat on or before the first Monday of August, one First meeting, 
thousand eight hundred and ninety-seven, on the call of 
the county superintendent, and organize by choosing one 
of their number president. Said board shall then pro- 
ceed to select and adopt one text book, or a series of text- 
books, on each subject required to be taught in the free 
schools of the State, and not provided for by contract 
under chapter thirty-seven of the Acts of one thousand 
eight hundred and ninety-five, for a term of five years, due 
reference being had to the character of the books and the 
terms offered. It shall require the affirmative votes of five 
members of the board to adopt such book, or series of 
books, at said first meeting. 

IV. In making selection of text-books, at any time, it detail price, 
shall be the duty of said board to procure the best possi- ^^• 

ble terms for exchange and introduction and for the 
regular supply of the books for a term of five years, and 
they are hereby empowered to fix the retail price at which 
such adopted books shall be sold after the exchange and 
introduction have been effected, but such perman'ent re- 
tail price shall not exceed twenty-five per cent, advance on 
the net contract price. 

V. Said board shall, upon making an adoption of any secretary to 
text-books, decide upon the date when such adoption shall report. 

go into effect. The secretary shall send to the State Su- 
perintendent of Free Schools, and to all the boards of 
education in the county, notice of the names of the books 
adopted, the prices fixed therefor, and the date fixed for 
their introduction and use in the schools of the county. 

VI. At least six months before the expiration of the ^ ^^j^ u . 
contract made under provisions of chapter thirty-seven fore expira- 
of the Acts of one thousand eight hundred and ninety- co*'°tr'act. 
five, it shall be the duty of the State Superintendent to 

notify the county superintendent of every county of the 



64 School Law of West "Virginia 

date of the expiration of such contracts and the name 
of the text-books thereby affected; and it shall be the 
duty of said board to meet upon the call of the county 
superintendent, at least three months before the expira- 
tion of any such contract, and adopt one text-book, or 
a series of text-books, on each subject contracted for 
under said chapter thirty-seven of the Acts of one thou- 
sand eight hundred and ninety-five, for a term of five 
County Su- years. On the call of the county superintendent, the 
to^'cair ^° board shall meet in regular session at least three months 
meeting. before the expiration of any contract made under the 
provisions of this act, and select the necessary books to 
be used for the succeeding term of five years. If any 
publisher shall fail or refuse to furnish any book con- 
tracted for under the provisions of this act, it shall be the 
duty of the said board, on the call of the county superin- 
tendent, to meet and select books to be used instead of 
Refusal of those which said publishers have failed or refused to furn- 
earry out ish. But no books shall thereafter be adopted of a publish- 
contract. gj, ^^,^10 shall liavc failed or refused to fulfill his contract 
with any board in the State, and the name of any such 
publisher shall be furnisheed by the secretary of said 
board to the State Superintendent of Free Schools, and 
the State Superintendent shall communicate the same to 
every county superintendent. 
Present con- VII. ISTo text-book or scrics of text-books, on any one 
remain*^in subject now contracted for under said chapter thirty-seven 
force. of the Acts of one thousand eight hundred and ninety-five, 

or that shall be contracted for under the provisions of this 
act, shall be changed for another or different book or se- 
ries of books except by the affirmative votes of five mem- 
bers of the board: Provided, That no change in the 
text-books contracted for under the provisions of said 
chapter thirty-seven of the acts of one thousand eight hun- 
dred and ninety-five shall be made until the expiration of 
than™n^^ such contracts, unless for failure of the contractor. And 
book not more than one book or one series of books on one sub- 

except!"^' ^^^^> s^^^^l ^6 changed in any one year, except by the affirm- 
ative votes of six members, and except as provided in sec- 
tion three : Provided. That in case of failure of a pub- 
lisher to comply with his contract, the board may; by the 
affirmative vote of five members, adopt other books in place 
of those contracted for. 
Who may sell VIII. After the adoption of any text-books the board 
books. shall contract with the publishers proposing the same, to 

supply said books in sufficient quantities, for a term of five 
years, beginning on a date to be stated in the contract, to 
every board of education, depositary, agent of said school 
book board or of said board of education, or to any dealer 
or other person of the county, at the prices named in this 



School. Law op West Virginia 65 

•contract, and free on board the cars at the place of publi- 
cation or other place C which place shall be named in such 
contract) ; and that said books shall be equal in binding, 
typography, and in all other respects to the samples fur- 
nished; and that no changes shall be made in said book 
during the life of the contract. In such contract shall be 
stated the accurate title of every book therein contracted 
for, the name of the author and of the publisher thereof, 
and the agreed price or prices thereof. Forms of such Form of con- 
contract shall be prepared by the State Superintendent of ^^"'^^' 
Free Schools and furnished to each county superintendent. 
Every dealer or publisher entering into such contract, 
■shall furnish to the county superintendent a sample copy 
of each book contracted for, and the county superintendent 
shall attach to ecch of said books a label bearing thereon: 

"Sample copy contracted for with on the 

day of 189.. 

, County Superintendent." 

IX. Every publisher entering into contract with any Bond of 
board under the provisions of this act, shall, within thirty Publisher, 
days'thereafter, give a bond, in the penalty of ten thousand 
■dollars, to be approved by the Governor and deposited with 

the State Superintendent of Free Schools, conditioned for 
the faithful performance of every such contract made by 
such publisher theretofore or thereafter with any such 
board. 

X. Xo member of said board shall serve, directly or in- No school 
■directly, as the agent for any publisher in school books a? agent. ^^ 
competing for adoption under the provisions of this act, 

■or be personally interested in any school book, and no 
teacher nor school officer shall act as agent for any school 
l)ook. 

XI. At the first meeting after the thirtieth day of Depositaries. 
June, onie thousand eight hundred and ninety-seven, the 

board of education of any district in this State may (at 
their option) appoint one or more depositaries in each dis- 
trict, and when practicable one or more depositaries at 
or near each postoffice, who shall keep at all times a suffi- 
cient supply of text-books to supply the free schools of the 
neighborhood. Each depositary shall execute a bond in Bond of 
the penalty of double the value of the books which he will depositary, 
probably have on hand at any time, but in no event of a 
less penalty than one hundred dollars ; which bond shall be . 
-approved by the board of education and filed with the sec- 
retary thereof. The board of education may discharge 
any depositary at any time, and require him to deliver the 
Ibooks in his possession to such person as the board may 
name, and require the depositary to settle his accounts 
and pay over to the sheriff any balance in his hands on 
or before a date named by the board. 



66 



School Law of West Virginia 



Depositary 
to keep 
books. 



Invoices of 
books. 



Payment to 
the sheriff. 



Depositary's 
commission. 



XII. Each depositary shall, on or before the first day 
of September in each year, unless the board of educa- 
tion shall name an earlier date, make out a list of the 
text-books, in sufficient quantity in his judgment to supply 
the schools in his neigborhood for a period of six months, 
and from time to time thereafter each depositary shall 
make out additional lists of such books, so that he may at 
all times have a sufficient supply on hand; such lists^ 
when approved by the board of education, or the president 
thereof, shall be signed by him and the secretary thereof,, 
and by the secretary forwarded to the address of the pub- 
lishers of the books therein named. 

XIII. It shall be the duty of said publishers promptly 
to forward the books therein named to such depositary, 
and to make out two invoices or bills therefor, one of 
which shall be forwarded to the depositary and the other 
to the secretary of the board of education. The board 
of education shall supply the secretary with a proper 
book in which to keep the acounts of all the deposi- 
taries in the district. On the receipt of each invoice the 
secretary shall charge the amount thereof against the 
depositary receiving the books therein named, in said 
account book, and file or preserve the invoice or bilL 
If there be any error in such invoice or bill, the depos- 
itary receiving the same shall promptly notify the pub- 
lisher making the same; and if such publisher fail to- 
correct such error within twenty days thereafter, such 
depositary shall notify the secretary of the board of 
education thereof, and the board of education shall in- 
vestigate the same and take such action therein as may be 
proper and just. Each depositary shall pay to the sheriff 
of the county, at the end of each thirty days, or oftener if 
required, and whenever required by the board of educa- 
tion, the amount received by him from the sale of such 
text-books since his last previous , payment, less his com- 
mission (to be fixed by the board of education and not 
to exceed fifteen per cent, on the amount of sales), and. 
the amount paid by him for transportation chargss on 
such books; provided. That each statement of charges- 
to the sheriff shall be accompanied by all the transporta- 
tion bills paid by said depositary. The sheriff shall dupli- 
cate receipts therefor to such depositary, wherein shall be 
stated the total amount of such sales and the amount paid 
by such depositary to the sheriff, one of which receipts 
shall be filed by such depositary with the secretary of the 
board of education, and upon receiving the same said sec- 
retary shall credit the account of said depositary with 
the amount appearing thereby to have been so paid by 
him to the sheriff and the amount paid for transportation 
charges, and the amount of said commission by separate- 



School Law of West Virginia 67 

items, and said secretary shall charge against the account 
of the sheriff, which he is hereby required to keep, the 
amount paid by such depositary to such sheriff, to be ac- 
counted for by the sheriff in his annual settlement with 
the board of education. The amounts received from the 
sales of such books shall be credited to the building fund 
of the district. 

XIV. The board of education of each district shall Board of 
be liable in its corporate capacity for the whole amount fi^b^|.*^°° 
of all such text-books furnished to the depositaries in the 
manner hereinbefore prescribed, and shall within sixty 

days from the date of any invoice or bill of text-books 
supplied by the publishers thereof to any depositary in 
the district in the manner prescribed in the preceding 
section, cause an order to be issued in favor of such 
publisher, payable out of the building fund of the dis- 
trict, and cause such order to be forwarded by rnail to 
such publishers. On presentation of such order to him 
the sheriff shall pay the amount thereof to the party 
entitled to receive the same, if there be in his hands suf- 
ficient funds due the building fund of said district; but 
if the sheriff have not sufficient of such funds to pay the 
same, ,he shall endorse on. the back thereof the words 
"Presented for payment," with the date of such presenta- 
tion and said order shall draw interest from that date. 
If the Sheriff shall fail or refuse to pay such order 
when he has funds in his hands, or should by law have 
the same, with which to do so, he shall be liable as pro- 
vided in section forty-six of chapter forty-five of the Code. 

XV. The board of education shall pay the cost of such Books paid 
books and the amount of charges for transportation outbundtog°^ 
of the building fund of the district, and shall lay an fund- 
annual levy for the same upon the taxable property of 

the district in the manner and at the time that other 
levies are laid for said fund, and if at any time any 
scholar or scholars should remove from the county into 
another county in which a different book, or series of 
books, or different books have been adopted, the board 
of education of any district are authorized to purchase 
from such scholar or scholars with money from the build- 
ing fund and at a fair valuation, such book or books 
or series of books as may not be adopted in the county to 
which they may remove: Provided, That the provisions 
of this section shall not apply to districts in which no 
depositary shall be appointed. 

XVI. The board of education may remove any deposi- Board may 
tary in his district at any time, and appoint another in^^move 
his stead; may require him to execute a new bond, or 
additional bond, whenever in their opinion they shall 

deem it necessary, and may cause to be made at any time 



6S 



School Law of West Virginia 



Books in 
exchange. 



Teacher 
liable. 



an invoice of the text-books in the possession of any such 
depositary. It shall be the duty of every depositary 
whenever the board of education shall order, to turn over 
to his successor or such other person as the said board 
may name, all text-books in his possession. 

XVII. Every depositary shall receive from any resi- 
dent of his district copies of the books that may at any 
time be superseded by adoption of other books in their 
stead, at the contracted exchange allowance of such super- 
seded books, to be applied on payment of adopted books. 
Each depositary shall turn over such superseded books 
to the board of education at such times as the board 
may direct, and shall receive credit on his account for the 
value thereof. Such superseded books shall be held by the 
board of education subject to the orders of the publishers 
thereof, for a period of not longer than three months. 

XVIII. If any teacher in a primary or graded school 
of the free school system of this State use, or cause to 
be used in such primary or graded school, any text-books 
not authorized in place of an authorized book, then the 
county superintendent shall apply to the board of edu- 
cation for an order signed by said board, directed to 
such teacher, requiring the use of such unauthorized text- 
book to be discontinued; and if any teacher shall disobey 
any such order issued by said board of education, such 
teacher shall forfeit the sum of ten dollars for each such 
offense, and it shall be the duty of the board of education 
of the district Avhere said teacher is employed to retain 
that amount out of the salary of said teacher, which 
amount so forfeited shall be paid into the teachers' fund 
of such district. 

Misdemeanor. XIX. Any publisher, school officer, depositary, dealer, 
i;eacher or other person, violating the provisions of this 
act, shall be guilty of a misdemeanor, and, on conviction 
thereof, shall be fined for each offense not less than five nor 
more than fifty dollars. 

Acts repealed. XX. Nothing contained in this act shall be construed 
as changing or modifying the contracts heretofore made 
with publishers of text-books under authority of chap- 
ter thirty-seven of the Acts of one thousand eight hun- 
dred and ninety-five; and all acts, or parts of acts, com- 
ing within the purview of this act and inconsistent there- 
with, are hereby repealed. 

58. Note — This section was repealed by acts 1895, C. 37. 
(58a Passed Feb. 27, 1903.) 

I. The boards of education throughout the State may, 
out of the building funds of their district, purchase the 
necessary prescribed text-books to be used by the pupils of 
the several schools therein under their control. 



Free text 
books. 



School Law of West Virginia 69 

II. In any district where the board of education de- Books. to be 
termines to purchase and furnish to the pupils of their ta?y 0/ b^oard! 
schools such free text books, they shall enter an order 

upon their records to that effect and shall cause said 
books to be kept' in charge by the secretary of such board 
and furnished to the school children of their district as 
hereinafter provided. 

III. At the commencement of every term of school in Secretary to 
such district the secretary shall deliver to the teachers of to teachers, 
the several schools of the district such books as may be 
necessary for the use of the several pupils therein for the 
ensuing term of school and take from them a l-eceipt show- 
ing the number and kind of books so received. It shall 

be the duty of such teachers to take charge of such books 

and to distribute the same among the several pupils of 

their schools as they may from time to time need the same, 

and said teachers shall have and exercise general control Teachers to 

of said books during such term and at the close thereof l^ai" on tro?" 

shall collect and gather together all the books so used '^^'i-fn'^^t'^rm 

during the term and deliver the same to the secretary of 

the board of education. Provided that if any of the books 

so delivered to any pupils of such district shall be un- rupiis to re- 

hecessarily injured or destroyed, the same shall be re- unnecessarily 

placed by the pupils who so injured or destroyed them. destroyed. 

IV. All such books shall be purchased by the board 
of education directly from the publishers contracted with 
as prescribed by law and at the net contract price, Pro- 
vided, That such text books as are now in the possession 
of pupils shall be used by them so long as they are suit- 
able for such use. 

V. The secretary for his services in this matter shall Secretary's 
receive a compensation in addition to his salary as such tfon"'^^^^' 
secretary a sum not exceeding fifty dollars ($50.00) per 

year. 

CXXVII. * * * Without considering the matter any further, I 
state it as my opinion, briefly, that under provisions of said section 
1653 of the Code, 1906, when a school boolj board has, during one year, 
by a vote of five or more of its members, changed one text book or 
series of text-books on any one subject, it cannot after that, during the 
year, change another book or series unless six members of the board 
vote therefor. — Clarke W. May, Attorney-General. 

59. If any officer or teacher, fail to perforin any duty Fines for 
required of him by this chapter, or violate any provis- ^ ° ^ '°°*' 
ion thereof, and there is no other fine or punishment 
imposed therefor, by law, he shall be fined not less th-an 
three, nor more than ten dollars, for every such offense, 
to be recovered before a justice of the peace of the county; 
and such fine shall not impair or affect his liability for 
damages to any person injured, nor the liability of himself 
and sureties on his official bond. If the board of educa- 
tion of any district or independent school district, fail to 
perform any duty required by this act, each member of 



70 



School Law of West Virginia 



state school 
tax. 



General 

School 

Fund. 



When 
distributed. 



Duties of 
Auditor and 
State Super- 
intendent in 
distributing 
State school 
fund. 



such board shall be liable to the full penalty imposed by 
this section, unless he show that he was not guilty of any 
neglect or default in the premises. 

60. There shall be levied state taxes on property as 
. provided in slection fifty-one of chapter thirty-two of the 

code, and the proceeds of such levy, together with two- 
sevenths of the license privilege and franchise taxes col- 
lected by the state after April first, 1905, shall constitute 
a fund for the support of free schools.* If such taxes 
on property and said two-sevenths shall not be equal to 
the proceeds of the state tax for free schools collected for 
1904, then so much more out of the State treasury as may 
be necessary to make up an amount equal to the proceeds 
of said State school tax for 1904, and such amount neces- 
sary is hereby appropriated annually, and together with 
the interest of the invested school fund, the net proceeds 
of all forfeitures, confiscations and fines which accrued to 
the State during the previous year, the proceeds of the an- 
nual capitation tax, dividends on bank stock held by the 
board of the school fund, and the interest accruing on stock 
invested in United State's bonds, shall be set apart as a sep- 
arate fund to be called "the general school fund,^^ and shall 
be annually applied to the support of free schools through- 
out the State, and to no other purpose whatever. It shall 
be distributed to the several counties in the State in pro- 
portion to the number of youth therein, accordi^ig to 
the latest enumeration made for school purposes; but the 
Auditor shall first deduct therefrom the aggregate salary 
of the State Superintendent of Free Schools, and the nec- 
essary traveling and contingent expenses of his office, to- 
gether with such other. sums as may be required to be paid 
by him out of the general school fund. Fifty per cent, of 
this distributable sum shall be paid on' the fifteenth day 
of September, and the remainder on the fifteenth day of 
December, of each year, in the manner provided in 
the sixty-first section of this chapter. 

61. It shall be the duty of the Auditor, on or before 
the tenth day of June, in each year, to ascertain the 
amount which is distributable among the several counties 
as aforesaid, and notify the State Superintendent of Free 
Schools thereof, who shall thereupon ascertain the proper 
share of each county and notify the Auditor and each 
county superintendent, also, the amount deducted by the 
Auditor from the share of his county on account of salary 
paid the county superintendent, as required by section 
fifty-four, which amount the county superintendent shall 
also deduct from the share of his county before making his 



* This provision was materially changed by the revenue measure 
passed by the Legislature, session 1907 (see Acts 1907, Chap. 82, p. 
418.) 



School Law of West Virginia 71 

distribution of the same among the several districts 
thereof. 

Upon receiving such notice, the county superintendent county Su- 
shall ascertain the proper share of each district, and inde- fo^ppTi^ion 
pendent school district, of his county, according to the among 
number of youths therein, and give notice to the board 
■of education of each district, and independent school dis- 
trict, in the county, of the amount of the general school 
fund due each, respectively, and that the same cannot be 
drawn by them until they have made the levy required 
by the fortieth section of this chapter. 

62. Upon being officially notified by the secretary of 
the board of education, in the manner provided for in 
the forty-fourth section of this chapter, that the board 
of education has authorized the levy for school purposes, 

the county superintendent shall issue his requisition on on^Audito?. 
the Auditor, payable to . the order of the sheriff of his 
county for the amounts due such districts as may have 
made the levy aforesaid, which shall be paid in two 
equal installments, payable on the fifteenth days of Sep- 
tember and December, respectively; whereupon the Au- 
ditor shall issue his warrant upon the Treasurer in favor 
of the sheriff for the amount of such requisition, indi- 
cating in writing upon said warranf the depository upon 
which the same shall be drawn; and the Treasurer shall 
thereupon be authorized and required to draw his check 
upon the said depository for the said amount. 

The requisition of the county superintendent shall be 
in form or in substance as follows : 

''Office of the County Superintendent of Free porm of 
Schools. requisition. 

County of , the day of , 19 — . 

^'Auditor of West Virginia: 

' ' Pay to the order of , sheriff of 

oount}^, dollars, the amount of State school 

fund apportioned to the district (or independent school 
district) of , in said county for the year 19 — . 

And I hereby certify that said district (or independ- 
■ent school district), has made the levy required by law, 
for school purposes, and that said sheriff has given the 
bond required by law. 

'■ — , County Superintendent of 

Schools." 

CXXVIII. Sections 42 and 61 prohibit any district or independent 
school district from receiving its proportion of the State school fund, 
until it has laid the local levy required by section 40. County super- 
intendents should inform the Auditor if a district votes down the levy 
that he may act in compliance with section 42. 

63. There shall be elected a State Superintendent of 

Tree Schools for the State, whose term of office shall be g^^^^^ g^p^^. 
the same as that of the Governor. He shall be a person intendent. 
of good moral character, of temperate habits, of literary 



72 



School Law of West Virginia 



state Super- 
intendent. 



Duties of 
^tate Super- 
jatendent. 



Duties of 
State Super- 
intendent. 



acquirements, and skill and experience in the art of 
teaching. He shall receive annually the sum of one thou- 
sand fivte hundred dollars in payment for his services*, ta 
be paid monthly out of the school fund upon the warrant 
of the Auditor. If in the performance of any duty im- 
posed upon him by the Legislature, he shall incur any 
expenses, he shall be reimbursed therefor. Provided, The 
amount does not exceed five hundred dollars in any one- 
year. 

64. The State Superintendent shall reside and keep 
his office at the seat of government. He shall provide 
a seal for 'his office, and copies of his acts and decisions, 
and of papers kept in his office, authenticated by hi& 
signature and official seal shall be evidence equally with 
the original. He shall sign all requisitions on the Audi- 
tor for payment of money out of the State treasury for 
school purposes, except as hereinafter provided. 

65. The State Superintendent shall be charged with 
the supervision of all county superintendents and free 
schools of the State, and see that the school system is 
carried into effect. He shall prepare and transmit to 
the county superintendents instructions how to conduct 
the elections prescribed in this chapter, to keep and trans- 
mit the official records and ballots thereof, and the man- 
ner of ascertaining and announcing the results, so_ as to 
conform the same to the provisions of this chapter, and 
also to such provisions of the general election laws of the 
State as may not be inconsistent therewith; he shall pre- 
scribe and cause to be prepared all forms and blanks nec- 
essary in the details of the system, so as to secure its uni- 
form operation throughout the State, and shall cause the 
same to be forwarded to the several county superintend- 
ents, to be by them distributed to the persons entitled to 
the same. He shall cause as many copies of this chapter 
and other school laws in force with such forms, regula- 
tions and instructions as he may judge expedient, thereto- 
annexed, to be from time to time published, as he may 
deem expedient, and shall cause the same to be forwarded 
to the county superintendents, to be by them distributed 
to the persons entitled to receive them. 

66. It shall be the duty of the State Superintendent 
to aim at perfecting the system of free schools as estab- 
lished in the State; and for this purpose it shall be his 
duty to correspond with educators and school officers 
abroad, to acquaint himself with the various systems of 
free schools established in other states and countries, 
collate the results as exhibited in the reports of their sev- 
eral superintendents, and to use all efforts necessary to 
enable him to render available the combined results of the 



*The salary of the State Superintendent is now three thousand 
dollars — see acts 1903, chap. 23. 



School Law of West Virginia 73 

experience of other communities with his own experience 
and observation. 

He shall acquaint himself intimately with the peculiar 
educational wants of each section of the State, and shall 
take all proper means to supply them, so that the schools 
shall be as nearly as possible equal and uniform in grade 
throughout the State. He shall acquaint himself with the 
different systems and methods of instruction- which may 
be introduced among educators, and shall explain and rec- 
ommend such as experience and sound principles of edu- 
cation may have demonstrated to be valuable ; and it shall 
be his duty to endeavor to render available to the people 
of this State all such improvements in the system of free 
schools and the methods of instruction, as may have been 
tested and proven by the experience of other communities. 

67. He "shall, on or before the first day of January, Report' of 
of each year, make a report to the Governor, to be by ,^*fjnaent'^'"' 
him transmitted to the next regular session of the Leg- 
islature, in regard to the condition of free schools within 

the State, embracing all statistics compiled from the re- 
ports of the county superintendents, and such other au- 
thentic information as he can procure, which will be 
necessary to give a proper exhibit of the working of the 
system together with such plans as he may have matured 
for the management and improvement of the school fund, 
and for the better and more perfect organization and 
efficiency of free schools; and, likewise, all such matters 
in relation to his office and to free schools, as he may 
deem expedient to communicate. 

68. The Auditor shall annually, before the first day Auditor to 
of Septeniber, deliver to the Governor and the State Su- [f^^ '"of^°°*^'' 
perintendent of Free Schools, each, a report made up to school fund, 
the first day of July next preceding, of the condition of 

"the school fund," with an abstract of the accounts there- 
of in his office, which report the Governor shall lay before 
the legislature at its next regular session. 

CXXIX. Chapter 29, section 67, Code, requires the Auditor to 
certify to each county superintendent the amount of railroad levies, 
due to each district and independent district. See said section. 

69. The Governor, State Superintendent of Free Board of 
Schools, Auditor and Treasurer, shall be a corporation, school fund. 
under the name of "the board of the school fund," and 

shall have the management, control and investment of 
said fund, under the fourth section of the twelfth arti- 
cle of the constitution. The Governor shall be president 
of the board, and in his absence the board may choose one 
of their number to preside temporarily in his place. The 
Auditor shall be the secretary of the board. A 
faithful record shall be kept of all the proceedings, and 
a copy thereof, certified by the secretary of the board, shall 



74 



School Law of West Virginia 



Meetings. 



Moneys 
recaverable. 



Board may 

appoint 

agents. 



Permanent 
school fund ; 
how invested 



Certain 
stoclis trans- 
ferred to 
school fund. 



be evidence in all cases in which the original would be. 
A majority of the board shall constitute a quorum for the 
transaction of business. 

70. A meeting of the board may be held at any time^ 
upon the call of any member thereof, provided notice 
be given to all members who may be at the seat of gov- 
ernment. The Auditor's office shall be the place of meet- 
ing, and the proceedings shall be signed by the president 
and secretary of the meeting for that day, and shall be 
open to inspection at all times. 

71. All the money which ought to be paid into the 
treasury to the credit of ''the -school fund" shall be re- 

. coverable with interest by action or motion in the nanije 
of said board, before any court having jurisdiction, and 
the Attorney-General shall institute and prosecute such 
action or motion when so directed by the board. 

72. The board may appoint agents for the collection 
of debts or claims, and- authorize them to secure pay- 
ment thereof, and to protect the interests of the school 
fund, on such terms as it may approve. They shall take 
bond from said agent, if any money is to come into his 
hands; and any agent selling lands, when directed to do 
so by the board, shall execute a deed, (with the resolution 
giving such directions thereto annexed), conveying to the 
purchaser by special warranty. Said agent may be al- 
lowed by the board a compensation not exceeding, in any 
case, five per cent, on the money paid into the treasury. 

73. All such sums as have accrued or shall hereafter 
r.ccrue to this State, from the several sources enumerated 
in the fourth section of the twelfth article of the Consti- 
tution, shall be set apart as a separate fund to be called 
''the school fund," and it shall be the duty of the Auditor 
to ascertain from time to time what sums have so ac- 
crued or may hereafter accrue, and to pass the same to the 
credit of the said school fund; and it shall be the duty of 
the board of the school fund, from time to time, to invest 
the same in the interest bearing securities of the United 
States, or of this State, or otherwise, provided for in said 
fourth section of the twelfth article of the Constitution. 
And it shall be the duty of the said board to sell any 
investments on account of the school fund now made in 
other securities, than those required in said fourth sec- 
tion of the twelfth article of the Constitution, and invest 
the proceeds thereof in the interest bearing securities of 
the United States, or of this State, or otherwise, as pro- 
vided in the Constitution aforesaid. 

73a. I. All stock owned by the State of West Vir- 
ginia, standing in the name of the Commonwealth of 
Virginia, the State Internal Improvement Fund, or the 
Board of the Literary Fund, or in any other name, in 



School Law of West Virginia 75 

the iSTational Bank of West Virginia, at Wheeling, the 
Parkersburg National Bank, the First National Bank of 
Wellsburg, the First National Bank of Fairmont, the 
National Exchange Bank of Weston, and all the interest 
owned by the State, standing in the name of the Com- 
monweafth of Virginia, or in the name of either of said 
funds, or in the name of the State of West Virginia, or 
in any other name, in the North Western Bank of Vir- 
ginia and its branches, and in the branches of the Ex- 
change Bank of Virginia at Weston; and all dividends 
and accrued interest on all such stock, is hereby trans- 
ferred to and shall henceforth be held and treated as a 
part of the school fund of the State, subject to the con- 
trol of the board of the school fund; and the annual in- 
terest or profits thereof (but no part of the principal), 
shall be passed to and become a part of the fund for 
annual distribution among the several counties of the 
State.* 

74. The Auditor shall be the accountant of the board, b^^^JJcouSt^" 
exercising any of their powers, except that he shall not, ant- 
without special authority, entered upon the records of 

their proceedings, dispose of any property or invest any 
money of the school fund. He shall place the securities 
in which said school fiind is invested in_ such depository 
for safe keeping, as the board shall direct. All money 
belonging to "the school fund" shall be received into 
and paid out of the treasury upon the warrant of the 
Auditor. But no warrant for paying out such money 
shall be issued without the authority of the board. 

75. Nothing in this chapter shall alter or affect the wheeling. 
laws now in force respecting the free schools in the city 

of Wheeling, and the parts of districts connected there- 
with ; nor shall anything in this chapter be construed as 
abolishing any independent school district heretofore cre- 
ated, or as affecting any right or privilege conferred upon 
them, respectively, in the acts of the Legislature by which 
they have been created; except so far as such right or 
privilege may be inconsistent with the provisions of this 
chapter in which independent school districts are espe- 
cially included. In the independent school district of 
Wheeling none but practical educators who shall have had 
at least three years of practice as teachers in graded 
schools, shall be eligible to the office of superintendent. 

CXXX. Independent school districts are tliose created by special 
act of the Legislature and are governed by the laws laid down in the 
acts creating them. On points where these acts are silent the general 
law applies. 

WEST VIRGINIA UNIVERSITY. 

76. "The Agricultural College of West ' Virginia," Agricultural 
located and established at Morgantown, in the county of west^vir- 

ginia. 

♦The School Fund is now limited to one million dollars — see con- 
stitutional amendment, page 8 



76 School Law of West Virginia 

Monongalia, in pursuance of the act passed February 
seventh, one thousand eight hundred and sixty-seven^ 
entitled "An act for the regulation of the West Vir- 
ginia Agricultural College/' shall be and remain as so 
established and located; and all the provisions of said 
act, except so far as the same may be altered by this 
chapter, shall remain in full force and effect to the same 
extent as if this chapter as amended had not been passed. 

SfivlStf!'''^ "^^^ "^'^^^ ^''^™® °^' ^^^^ college shall hereafter be ''The 
AVest Virginia University," by which name it shall have 
and hold all the property, funds, investments, rights, 
powers and privileges, now had and held under the name 
prescribed in the above recited act. 

^gents*'^ 78. For the government and control of said university 

there shall be a board of regents consisting of nine per- 
sons, to be called ''The regents of the West Virginia 
University." As such board they may sue and be sued, 
and have a common seal. The said board shall have the 
custody and control of the property and funds of said 
universit}^, except as otherwise provided by law. They 
shall have the power to accept from any person or persons 
any gift, grant or devise of money, land or other prop- 
erty intended for th"e use of the university, and shall^ 
by such acceptance, be trustees of the funds and property 
which may come into the possession or under the control 
of said board by such gift, grant or devise, and shall 
invest and hold such funds and property, and apply the 
proceeds and property in such manner as the donor may 
prescribe by the terms of his gift, grant or devise. A 
majority of said regents shall constitute a quorum for the 
transaction of business, except that for making arrange- 
ments for the erection of buildings or the permanent 
alteration thereof, or the appointment to, or removal from 
office of professors, or fixing their compensation or chang- 
ing any rule or regulations adopted by a majority of the 
board, in which case all of the regents shall be notified in 
writing by the secretary of the board, of the meeting place 
and object of the meeting proposed to be held for any 
of the purposes excepted in this section; and the confer- 
ence of a majority of the regents shall be required. Said 
board of regents shall consist of nine members who shall 
be residents and voters of the State. The governor shall, 
on or before the fifteenth day of March, in the year nine- 
teen hundred and one, or as soon thereafter as convenient, 
appoint said nine regents, who shall be divided into two- 
classes, consisting of four and five regents respectively. 
The term of office of both classes shall begin on the first 
day of May, nineteen hundred and one; and the term 
of office of the first class shall continue for two years and 
until their successors are appointed and qualified, and the 



School Law op West Virginia 77 

teivin of the second class shall continue for four years and 
linril their successors are appointed and qualified; and 
thereafter the term of office of each class shall be for 
four years and until their successors are appointed and 
qualified. Any person appointed a regent during the 
recess of the Senate shall serve as such until the next 
meeting of the Senate. The governor may by appoint- 
ment iill any vacancy occurring in the board for the un- 
expired term. Not more than six of said regents shall be- 
long to the same political party,' and not more than one 
shall be appointed from the same senatorial district or 
bounty. Tlui term of office of the regents now in office 
shall expire on the thirtieth day of April, nineteen hun- 
dred and one. 

79. The board of regents shall from time to time es- Courses of 
tablish such departments of education in literature, sci- ^ " ^" 
•ence;, art, agriculture and military tactics as they may 

■deem expedient, and as the funds under their control 
may warrant, and purchase such materials, implements 
and apparatus, as may be requisite to proper instruction 
in all said branches of learning, so as to carry out the 
spirit of the act of Congress aforesaid, approved July 
second, one thousand eight hundred and sixty-two. 

80. The said board shall establish and declare such Rules and 
rules and regulations and by-laws not inconsistent with ^^^^ 

the laws of this State, or of the United States, as they may 
deem necessary for the proper organization, the tuition 
of students and good government of said University and 
the protection of public property belonging thereto. They Officers of the 
shall appoint a superintendent of buildings and grounds, "'^^^^^ ^' 
s. secretary for the faculty, and a secretary for said board 
and also a treasurer, who shall be members of the faculty 
of the University, and the person so appointed shall re- 
ceive such compensation as the board may determine, not, 
however, to exceed three hundred dollars per year. From 
said treasurer, they shall take a bond with ample secu- 
rity, conditioned according to law, for the faithful keep- 
ing and disposing of such money as is herein, or may 
be hereafter appropriated, and such other money as may 
be allowed by said board to come into his hands from time 
to time; they shall also settle with him annually or 
oftener if they think best; inspect annually all the prop- 
erty belonging to said University and make a full report 
of the condition, income, expenditures and management 
of said University, annually, to the Governor; to be by 
him laid before the Legislature. 

81. The board shall have power to create a prepara- Preparatory 
tory department to said University, and establish any ^®^^^*™^°*" 
other professorships than those indicated heretofore, if 

the same be deemed essential; to fix the salaries of the 
several professors, and to remove them for good cause. 



78 



School Law of West Virginia 



Cadets ; 

appointment 

of. 



Cadets have 
free books, 
etc. 



but in case of removal the concurrence of a majority of 
the regents shall be required, and the reasons for a re- 
moval shall be communicated in a written statement to 
the Governor. 

82. Besides prescribing the general terms upon which 
students may be admitted, and the course of instruction, 
the regents are still further empowered to admit as regu- 
lar students of the University, not more than two hun- 
dred and twenty-five cadets in the military department. 
Each member of the Senate shall be entitled to appoint 
one cadet from his district, on or before the first day of 
June in the second year of his term, and one cadet on or 
before the first day of June in the fourth year of his 
term. Each member of the House of Delegates shall be 
entitled to appoint one cadet from his county on or before 
the first day of June next preceding the end of his term. 
In case a cadetship filled by appointment by any member 
of the Legislature shall become vacant, the member mak- 
ing the appointment, or his successor, shall fill the same 
by a new appointment within the limits of time afore- 
said. But no Senator or Delegate shall appoint any cadet 
until he receives a certificate from the President of the 
University, or the commandant of cadets, giving him no- 
tice of his right to do so; and he shall not have the right 
to exercise such power of appointment as long as two 
cadets are accredited to himself and his predecessor, either 
by original appointment or by re-enlistment. All other 
cadets necessary to make up the full complement of the 
corps shall be appointed by the regents, in proportion to 
their number, including vacancies, if any, caused by the 
failure of any member of the Legislature to make his ap- 
pointment. Cadets shall not be under sixteen years of age, 
and shall not be over twenty-one years of age. Their ap- 
pointment shall be made upon undoubted evidence of good 
moral character and sound physical condition. Their term 
of enlistment of service shall be two years, but any cadet, 
at the expiration of his first term^ 'shall be entitled to re- 

. enlist for the further term of two years, upon giving notice 
of his intention to the commandant of cadets at least 
thirty da3^s before the expiration of such term. But not 
more than fifteen cadets shall be appointed from any Sen- 
atorial district, and not more than eight from any one 
county. 

83. The cadets admitted under the provisions of the 
preceding section shall be entitled to all the privileges, 
immunities, educational advantages, and benefits of the 
University, free of charge for admission, tuition, books 
and stationery, and shall constitute the public guard of 
the University, and of the public property belonging 
thereto; and of the ordinance and ordinance stores, and 



School Law of West Virginia 79 

camp and garrison equipage, of which a sufficient supply 
shall be kept in the arsenal belonging to the institution. 
And the professors and the students of the University 
receiving instruction in military tactics and the art of 
war^ shall be individually and collectively responsible for 
the preservation and safe-keeping of all arms and camp 
equipage belonging to said institution. 

84. All reasonable expenses incurred by said regents Expenses of 
in discharging the duties hereby imposed upon them (not, ^'^s^^*^- 
however, including wages or per diem compensation) 

shall be allowed by the Governor and paid out of the 
treasury of the State, in like manner as other sums are 
drawn therefrom; Provided, however, That such expendi- 
ture shall not exceed five hundred dollars per annum. 

85. The president, board of regents and faculty may Graduation, 
graduate any student of the university found (after 

proper examination) duly qualified, and shall certify the 
same by affixing the seal of the University to his diploma. 

86. "The funds derived from the sale- of United States S'l™d!* °* 
land warrants which have been donated to this State for 

the purpose of endowing an agricultural college shall be 
invested by the Governor in a loan of public stock of the 
United States, or otherwise, as required by Congress, for 
the use and benefit of the said University. 

AGRICULTUEAL EXPERIMENT STATION. 

86a. Whereas, The Congress of the United States if pSenf 
has in its wisdom seen fit to appropriate the sum of fif- station, 
teen thousand dollars annually for the establishment and 
maintenance of an agricultural experiment station in this 
State, to aid in acquiring and diffusing amOng the people 
useful and practical information on the subjects con- 
nected with agriculture, and to promote scientific inves- 
tigation and experiment respecting the principles and 
applications of agricultural science, to be established in 
connection with and under the direction of the college 
of this State, established in accordance with the provis- 
ions of an act approved July 2, 1862, entitled, "An act 
donating public 'lands to the several States and Terri- 
tories which may provide colleges for the benefit of ag- 
riculture and the mechanic arts," and. 

Whereas, The West Virginia University by an act of 
the Legislature of West Virginia, entitled, "An act, for 
the regulation of the West Virginia Agricultural College," 
passed February 7, 1867, and other acts of the Legislature 
amendatory, thereof, is the institution of this State re- 
ceiving the benefits of the above mentioned land grant 
fund; and, 

Whereas, In accordance with the provisions of section 
9, of the aforementioned act of Congress estabhshing said 



so School Law of West Virginia 

experiment stations, the Governor of West Virginia has 
accepted for the West irginia University the congres- 
sional appropriation for the establishment of an agricul- 
tural experiment station, and 

Whereas^ The board of regents of the West Virginia 
University, in accordance with section 1, of the afore- 
named congressional act, approved March 2, 1887, has 
established a department in the West Virginia University, 
known as ''the West Virginia Agricultural Experiment Sta" 
tion/"' which is now in full working order and issuing reg- 
ular bulletins for the diffusion of information among the 
people of the State, as required by law; and which is 
now well and thoroughly equipped with chemical labora- 
tories, apparatus and machinery, and has a staff of sci- 
entific men employed and carrying on the work contem- 
plated in the congressional act, therefore. 

Be it enacted hy the Legislature of West Virginia: 

governmenT^^ 1. That the State of West Virginia hereby assents to 
grants. and accepts from the government of the United States 

the grants of money authorized by said act of congress, 
and assents to the purposes of said grants. 
Bulletins. H. The bulletins and annual reports required to be 

published under section four of said act, shall be printed 
at the expense of the State, by the State printer, in such 
editions or numbers as the mailing list of the experiment 
station shall indicate as being required, and shall be dis- 
tributed by the station free of all charge to farmers and 
other citizens of the State deserving the same. 

STATE NORMAL SCHOOLS. 

state^jDormai 87. The "West Virginia State Normal School," es- 
tablished under and by virtue of an act passed February 
twenty-seventh, one thousand 'eight hundred and sixty- 
seven, entitled "An Act for the establishment of a State 
Normal School," shall be and remain at Marshall Col- 
lege, in the County of Cabell, as provided in said act, and 
all the provisions of said act, and all other acts in re- 
lation thereto, shall be and remain in full force, except 
so far as the same may be altered by this chapter. For 
the government and control of said school and its branch- 

Board^of es, there shall be a board of regents, • consisting of the 
State Superintendent of Free Schools, together with six 
other persons, to be appointed, by the governor as here- 
inafter provided, who shall be called the "Eegents of the 
State Normal School," and as such may have a common 
seal, sue and be sued, plead and be impleaded, contract 
and be contracted with, and take, hold and possess real 
and personal estate for the use of said school. The trans- 
fer and conveyance by the board of supervisors of Cabell 



regents. 



School Law of West Virginia 81 

County of lands and building of Marshall College and of 
the real estate heretofore conveyed by the Central Land 
Company of West Virginia to the regents of said school 
heretofore appointed, is hereby accepted, confirmed and 
legalized. But in case the said school should at any time 
hereafter be removed from the said Marshall College, the 
said property so conveyed shall revert to and be vested in 
the county court for the use of the said county of Cabell. 
The said six regents shall be appointed by the governor, 
between the fifteenth day of March and the fifteenth day 
of April in the year nineteen hundred and one, whose 
term of office shall begin on the first day of June next 
following their appointment, and continue for four years 
and until their successors are appointed and qualified; 
except that the board appointed in the said year 1901, 
three shall be for the term of two years and three for the 
term of four years. Not more than two of the regents 
of each of said two classes shall belong to the same politi- 
<3al party. A vacancy occurring in the board shall be 
filled by appointment by the governor for the unexpired 
term. The term of office of the regents now in office shall 
■expire, on the thirty-first day of May, nineteen hundred 
and one. 

88. The said school shall be under the general super- Rules and 
vision and control of the said regents. They shall have '^^^'^*^°'^^- 
full power and authority to adopt and establish such By- 
laws, rules and regulations for its government as they 
may deem necessary and" proper, to effect the object of 
its establishment, not inconsistent with the laws of this 
State. They shall fix the number and compensation of 
the teachers, and others to be employed therein, and 
appoint and remove the same; prescribe- the preliminary 
examination of pupils, and the terms and conditions on 
which they shall be received and instructed in said 
school : Provided, That all pupils admitted free of tui- 
tion to any one school, shall not exceed in number the 
whole number appointed to such county for admission 
to all normal schools of the State; the branches of learn- 
ing to be taiTght in each department thereof; and shall 
•determine the number of pupils to be received in the Number of 
normal department of said school from each county or pupils- 
judicial circuit of this State, conforming as nearly as 
possible to the ratio of ^^opulation therein, and the mode 
of selecting them. The pupils admitted into the normal 
department of said school shall be admitted to all the 
privileges thereof, free from all charges of tuition, or 
for use of books or apparatus ; that every such pupil 
shall pay for all books lost by him or any damage done 
hy him to such books or apparatus; and any pupil in 
said school may be dismissed therefrom by said regents. 



82 



School Law of West Virginia 



or by the executive committee^ subject to the approval 
of the regents, for immoral or disorderly conduct, or for 
neglect or inability to perform his duty. The State Su-' 

Diplomat. perintendent of Free Schools shall prepare suitable diplo- 
mas to be granted to the students of the normal depart- 
ment of said school who have completed the course of 
study and discipline prescribed by said regents. The said 
regents may establish a pay department in said school 
whenever the accommodations thereof will admit of the 
same, and may admit into such department so many pay- 
ing students as can be accommodated therein from this 
or any other State, whether they desire to become teachers 
of schools or not. 

They may cause to be taught in the said department 
of said school, all or any of the branches of learning 
usually taught in colleges and seminaries, and for that 
purpose may establish therein the necessary professor- 
ships. 

Tuition, etc. They may also make all the necessary rules and regu- 
lations for the government of said department and pre- 
scribe the tuition and the terms of admission therein. 
The said school shall continue to be called and known 
by the name of "Marshall College." 

CXXXI. It is the practice to allow persons attending any of the 
State Normal Schools, under appointment, to teach one term of school 
eaSh year if desired, and yet hold the appointment. The same rule 
is held to be good in case of colored teachers attending the West Vir- 
ginia Colored Institute. 

CXXXII. Clearly under section 88 of the school law, two depart- 
ments are contemplated. One known as the normal department, and 
the other as the pay or academic department. It is intended that in 
the latter department, persons are admitted who do not desire to take 
the normal course, or if they have taken the normal course, who de- 
sire to pursue a higher grade of studies. I see nothing to prevent 
those who have taken the normal course, and have graduated from re- 
viewing the studies contained in the normal course, free of charge. 

The purpose of the normal course is to prepare teachers, and a re- 
viewing of that course would be to make the teachers more perfect. — 
T. S. Riley, Attorney-General. 



Executive 
Committee. 



Fairmont 
branch. 



89. The said regents shall appoint three intelligent 
and discreet persons, residents of the county of Cabell, 
who shall' constitute an e^iecutive coijimittee for the care 
and immediate management and control of said school, 
subject to the rules and' regulations prescribed by. the 
regents. Said committee shall (subject to the control of 
said regents), designate the person to take charge, of the 
boarding department of said school, and fix the price to 
be paid for board therein. They shall from time to time 
make full and. detailed reports to said regents of the con- 
dition, working and prospects of said school, and shall 
perform such other duties in relation thereto as the said 
regents may from time to time prescribe! 

90. The branch of the state normal school established 
at Fairmont, under and in pursuance of the act passed 



School Law of "West Virginia 83 

March fourth, one thousand eight hundred and sixty- 
eight, entitled, "An act providing for the purchase of 
the West Virginia Normal School at Fairmont,^^ shall be 
and remain at that place, and all provisions of said act 
shall remain in full force, except so far as the same may 
be altered by this chapter. Said school shall be under 
the jurisdiction and control of the regents of the State 
normal school, in the same manner and to the same ex- 
tent as the State normal school at Marshall College. 

91. The branch of the state normal school established west Liberty 
at West Liberty, under and in pursuance of the act passed '^''^°^^- 
March first, one thousand eight hundred and seventy, en- 
titled "An act to establish a branch normal school at West 
Liberty, in Ohio county,^' shall be and remain at that 
place, and all the provisions of said act shall remain in 
full force, except so far as the same may be altered by this 
chapter. Said school shall be under the jurisdiction and 
control of the regents of the state normal school, in the 
same manner and to the same extent as the state normal 
school at Marshall College. 

• 92. The branch of the State normal school established Gienviiie 
at Glenville, under and in pursuance of the act passed ' j 

the nineteenth day of February, one thousand eight hun- 
dred and sevent3^-two, entitled "an act to establish a 
branch normal school at • G-lenville, Gilmer county,-^ 
shall be and remain at that place, and all the provisions 
of said act shall remain in full force, except so far as the 
same may be altered by this chapter. Said school shall 
be under the jurisdiction and control of the regents of 
the State normal school in the same manner and to the 
same extent as the State normal school at Marshall Col- 
lege. 

93. The branch of the State normal school established Shepherds- 
at Shepherdstown, under and in pursuance of the act "^"^ 
passed and approved February fourteenth, one thousand 

eight hundred and seventy-tvfo, entitled "an act to estab- 
lish a branch normal school at Shepherdstown, in the 
county of Jefferson," shall be and remain at that place, 
and all the provisions of said act shall remain in full force 
except so far as the -same may be altered by this chapter. 
Said school shall be under the jurisdiction and control of 
the regents 'of the State normal school, in the same man- 
ner and to the same extent "as the State normal school at 
Marshall College. 

94. The branch of the State normal school at *Con- Concord 
cord, in Mercer county, established by the act passed ^'■^°'^^- 
the twenty-eighth day of February, one thousand eight 
hundred and seventy-two, entitled "an act to locate a 
branch State normal school at Concord, in the county of 

*The name of the postofflce has been changed to Athens. 



84 



School Law of West Virginia 



Principal's 
reports. 



Appropria- 
tion. 



Colored 
teachers. 



Mercer^ shall be and remain at that place, and all the- 
provisions of said act shall remain in full force, except 
so far as' the same may be altered by this chapter. Said 
school shall be under the jurisdiction and control of the 
regents of the State normal school in the same manner 
and to the same extent as the State normal school at 
Marshall College. 

95. The principals of the State Normal School and its 
branches shall make, at the close of each term thereof, 
to the president of the board of regents, in addition to 
the annual reports required of them, a report, under oath, 
of the number of non-paying normal school pupils and 
the number of paying pupils in the several departments 
of the school in actual monthly attendance during said 
term. 

96. The president of the board of regents of the State 
ISTormal School and its branches, upon receipt of the re- 
ports required in the ninety-fifth section of this chapter, 
shall furnish the Auditor of the State with the number 
of the non-paying Normal pupils in actual monthly at- 
tendance in each of the said JSTormal Schools, and th^ 
number of months of actual attendance^ upon the receipt 
of which report, and upon the requisition of the presi- 
dent of the board of regents, the said Auditor shall issue 
to the executive committee of each of said schools, war- 
rants upon the treasury of the State for the amount due 
said schools, at the rate of three dollars and fifty cents 
per month for every non-paying ISTormal pupil reported 
as in monthly attendance. 

A sum not to exceed thirty-two hundred dollars each 
year is hereby appropriated for each of the Normal 
Schools, payable out of the treasury of the State. 

The State Superintendent of Free Schools shall, if 
possible, in every year, make arrangements with some 
suitable institution of learning in this State for the educa- 
tion and Normal school-training of a number of colored 
teachers, ^in the proportion to the colored population of 
the State which the non-paying white students in the 
Normal Schools bear to the white population of the 
State; but the amount to be paid for each of said colored 
teachers shall not exceed the sum herein specified for 
each non-pa^dng white student; and an additional sum. 
to the extent necessary to pay the tuition of said colored 
students, is hereby appropriated, payable out of the treas- 
. ury of the State in each year, as provided for in the next 
s-ection, upon the requisition of the State Superintendent 
of Free Schools. 

CXXXIII. Actual monthly attendance of a non-paying pupil dur- 
ing any month of a school term, may be an attendance hona fiUe for a 
poi'tion cf the month. Sickness might prevent constant attendance 
during any month, yet if the pupil was in attendance in good faith 



School Law op West Virginia 85 

during part of the month, when able to attend, the school would be 
entitled to $3.50 for such pupil for that month. * * The words 
'a-ctual monthly attendance' are used in the statute, so as to plainly 
prohibit pay being drawn for constructive monthly attendance. 

The attendance of a pupil must have commenced in a month 
and in good faith, with an intention of continuing. If the pupil 
does not attend at all during any month * * the law prohibits 
any pay being given. — Alfred Caldioell, Attorney-General. 

97. If any normal school does not earn the amount of unearned ap- 
its annual appropriation of three thousand dollars, as p''"^''^^*^*'"' 
aforesaid, in any year, the board of regents of the State 

Normal School and its branches are hereby authorized 
to expend in their discretion the unearned amount of its 
annual appropriation in the payment of teachers in an- 
other or others of such schools and the Auditor shall issue 
his warrants for such expenditures on the order of said 
board. 

CXXXIV. Section 96 as amended by chapter 45, Acts 18SJ5, provides 
for an appropriation of thirty-two hundred dollars for each normal 
school. 

98. If any money be lent or advanced, or anything Dealing with 
be sold or let to hire, on credit to or for the use of any ^^'^'^^^t^- 
student or pupil under twenty-one years of age, at the 

"West Virginia University, the West Virginia State Normal 
School or any of its branches, or any incorporated college 
in the State, without the previous permission, in writing, 
of his or her parent or guardian, or the president or prin- 
cipal of such institution, nothing shall be recovered there- 
for, and there shall, moreover, be forfeited to the State, 
by the person giving such credit, twenty dollars, and the 
amount or value of such thing. When such selling, let- 
ting, lending or advancing is by an agent, such forfeitures 
shall be by his principal, unless the principal shall within 
ten days after he has knowledge or information of the sell- 
ing, letting, lending or advancing, give notice, in writing, 
of the date, nature and amount thereof to the president or 
other head of the institution, in which case the forfeiture 
shall be by the agent. 

II. All acts and parts of acts coming within the pur- 
view of this chapter, and inconsistent therewith, are here- 
by repealed. 

THE WEST VIRGINIA SCHOOLS FOR THE DEAF AND BLIND 

98a. I. That the name of the West Virginia Institu- Name, 
tion for the Deaf^ Dumb and Blind be and the same is 
hereby changed to that of "The West Virginia Schools 
for the Deaf and Blind." 

The board of regents for the West Virginia Schools Board of 
for the Deaf and Blind, shall be composed of nine mem- regents, 
bers, whose term of office shall commence on the first 
day of June, one thousand eight hundred and ninety- 
seven. 



86 School Law of West Virginia 

Governor to The Governor shall on the tenth day of March, one 

regents*. thousand eight hundred and ninety-seven, or as soon 

thereafter as convenient, nominate, and by and with the 
advice and consent of the Senate, appoint said nine re- 
gents for said schools, but said regents shall be divided 
into three classes of equal numbers and not more than 
two regents in each class shall belong to the same polit- 
ical party. Not more than one regent for the West Vir- 
ginia Schools for the Deaf and the Blind shall be ap- 
pointed from any one county. 

The term of office of the first-class shall be two years, 
of the second-class four years, and of the third-class six 
years. 

On the tenth day of March, one thousand eight hun- 
dred and ninety-nine, or as soon thereafter as conven- 
ient, and every second year thereafter, the Governor shall 
nominate, and by and with the advice and consent of the 
Senate, appoint three regents for said schools, in place of 
the class whose term expires in said year; and the term 
of such regents shall commence on the first day of April 
in the year of their appointment and continue six years. 

Governor to The Governor may in like manner appoint regents to fill 

' any vacancy that may occur in the board of said schools, 

and any one appointed a regent by him during the recess 

of the Senate, shall be a regent until the next session of 

the Senate thereafter. 

Said members shall constitute collectively a body cor- 
porate with powers to rent, purchase and convey real 
estate, and with all other powers necessary for the car- 
rying on of the institution for the education of the deaf 
and blind youth of West Virginia, established under the 
act passed March third, eighteen hundred and seventy, 
and to be known as ''The Board of Regents of the West 
Virginia Schools for the Deaf and the Blind. " Said Board 
shall appoint one of their number as president, and in 
case of- his absence a president pro tern, shall appoint a 
secretary, and all orders, drafts or requisitions for money 
from the State shall be signed by their secretary and 
countersigned by the president. Said board shall meet as 
hereinafter provided, and shall hold such other meetings 
as they may think necessary. Extra meetings may be 
called by the president or by any four members of the 
board by notifyng th^ other members of the time and 
place of the meeting and of the nature of the business 

Quorum. which renders an extra meeting necessary. A majority 
of the board shall constitute a quorum for the transaction 
of all ordinary business, but the board may, in its dis- 
cretion, designate business of a nature to be specified by 
it which may be transacted by a stated number of re- 
gents less than a quorum. 



School Law of West Virginia 87 

II. It shall be the dut}- of the principal under the di- Principal. 
rection of the board to superintend the affairs necessary 

for the proper conduct of the institution, and to make 
such general regulations as may be necessary for the suc- 
cessful management of the same, and to purchase such 
books and apparatus as may be necessary for the efficient 
working of the institution. 

III. Said board shall appoint all necessary teachers Teachers, 
and assistants, and shall provide the furniture, fixtures. Furniture. 
apparatus and other things necessary for the comfort and 
convenience of inmates of the institution. 

IV. The said board may, when they deem it necessary steward. 
elect a steward ; and the principal and matron shall reside 

in the institution, and the steward and teacher in or. near 
it. All salaries shall be fixed by the board of regents, and Salaries. 
shall be paid monthly or quarterly, as the board may deem 
proper, out of the fund appropriated by the legislature. 

v. The board of regents shall employ as visiting phy- visiting 
sician of the institution, a physician of reputable stand- p^^^^^^^^' 
ing in his profession, and it shall be his duty to render 
all medical assistance necessary to its inmates, and fix 
his salary, not to exceed three hundred dollars, to be paid 
in the same manner as a teacher. 

VI. The principal and steward shall give bond with Bond. 
approved security in such amount as the board of regents 
may direct, for the faithful discharge of their respective 
duties. 

VII. The board of regents shall prescribe such by- Rules and 
laws, rules and regulations for the government and con- ''^s"'^*'*'°®- 
duct of the institution under their charge as shall secure 

the harmonious and efficient management of said institu- 
tion in all its parts. They shall require such reports 
from the principal, steward, matron and physician as in 
their opinion the institution may demand, and they shall 
annually, on or before the first day of December, report 
to the Governor all the facts- and circumstances in con- 
nection with the conduct and progress of the institution, 
with a careful statement of all the receipts and disburse- 
ments of the same, and shall accompany their annual 
report with such recommendations and suggestions as 
will enable the State efficiently to foster and promote 
the enterprise of educating the deaf, dumb and blind 
youth within its limits. The fiscal year of the institution Fiscal year. 
shall end on the last day of September, and the accounts 
of the institution shall be kept with reference to . said 
fiscal year ; and there shall be an annual meeting of said 
board on the third Thursday in October in each and every 
year. 

VIII. The board of regents may provide in said insti- Admission of 
tution accommodation for all the officers, assistants and^"^ ** 



88 



School Law of West Virginia 



Admission 
pupils. 



of 



Charges. 



Duty of 

county 

officers. 



Term of 
pupilage. 



employees, and for all the deaf, dumb and blind youth 
resident of the State of West Virginia who may apply 
for admission to the said institution, between the ages of 
eight and twenty-five years, and for such other deaf, 
dumb and blind persons as may apply for admission as 
paying pupils, under such regulations as said board may 
direct, but all youth admitted rnust be of sound mind 
and not afflicted with any contagious or offensive disease. 

IX. All such deaf, dumb and blind youth residents 
of the State of West Virginia between the ages of eight 
and twenty-five years, shall be admitted to pupilage in 
the institution on application to the principal; until the 
institution is filled, applicants shall be admitted in the 
order of their application, and it shall be the duty of 
the principal to keep a careful record of the names of 
all pupils admitted with the dates of their admission and 
discharge, their age, postoffice address, the name of their 
parents or guardians, the degree, cause and circumstan- 
ces of their deafness or blindness. 

All such deaf, dumb and blind pupils shall be ad- 
mitted as above directed without charge for board and 
tuition; and when not otherwise provided with clothing 
they shall be furnished by the institution while they 
are pupils in the same, and the principal shall make out 
an account therefor in each case against the respective 
counties from which said pupils are sent, in an amount 
not exceeding forty dollars per annum for every such 
pupil, which account shall be certified by the principal and 
countersigned by the secretary, and which shall be trans- 
mitted by the principal to the "Auditor of the State, whose 
duty it shall be to transmit a copy of the same to the 
clerks of the county courts of the respective counties 
against which they are; and the county court of such 
counties shall thereupon at their next sessions, respective- 
ly, thereafter held for the purpose of making a county 
levy, include in such levy the amount of said account 
against their counties, respectively, and cause an order to 
issue on the sheriff of the county in favor of the Auditor 
of the State, and cause the same to be transmitted by the 
clerk of said court to the Auditor, whose duty it shall be 
to collect the same and place it to the credit of the in- 
stitution, to be drawn out upon requisition as a part of 
the current expenses of said schools. If the same is not 
paid to the Auditor by the respective counties from which 
they are due in a reasonable time, it shall be the duty of 
the Auditor to collect the same by law. 

The term of pupilage shall be five years at least, and 
for so much longer term as in the discretion of the 
board and principal their condition and progress would 



School Law op West Virginia 89 

seem to justify. A.fter all the applicants between the 
prescribed ages of eight and twenty-five years have been 
admitted, if there is still room, the principal may ad- 
mit other deaf and dumb and blind persons upon appli- 
cation who may be of suitable age to receive any advan- 
tage of the institution, and upon such terms as the board 
mjay prescribe; but it shall be distinctly understood that 
such persons shall withdraw from the institution in order 
of the dates of their admission to make room for new appli- 
cants betv^^een the ages herein already prescribed. 

X. The course of instruction in the institution shall ^°'J^^®^j°'^^ 
be prescribed by the board of regents with the advice of 

the principal, and shall be as extensive both in the intellect- 
ual, musical and mechanical departments, as the capacities 
and interests of the pupils may require. 

XI. In addition to their other duties the assessors of ^^^j^l^^^f^Q 
the State are hereby required to registei: in a book, to be 
furnished them by the Auditor for the purpose, the names 

of all the deaf and the blind persons in their respective dis- 
tricts, with the degree and cause of deafness and blindness 
in each case as far as can be ascertained from the heads 
of families, or from other persons whom the- assessors 
may conveniently consult, their ages, the names of their 
parents or guardians, their postoffice address, and such 
other circumstances as may constitute useful statistical in- 
formation in making the said institution promptly effi- 
cient in ameliorating the condition of the deaf and the 
blind by education. They shall complete the registration 
as early as possible, in the first annual assessment after 
the passage of this act, and shall forward their report di- 
rectly to the Auditor, who shall if practicable before the 
first day of July, or as soon thereafter as possible, make 
an alphabetical abstract of all the facts furnished him 
by the assessors ' reports, and shall send the same by mail 
to the principal of the West Virginia schools for the deaf Principal to 
and the blind, and said principal is hereby further required w^ith^^person* 
to put himself in immediate correspondence with all the ^amed^on^^ 
deaf and blind persons, of suitable age and condition, list, 
mentioned in the Auditor's abstract, with a view to their 
admission as pupils into the West Virginia schools for the 
deaf and the blind. 

The assessors shall receive for the extra duties hereby 
imposed, the same compensation as is now allowed them 
for the registration of births and deaths, and shall be 
liable to the same penalties for failure to discharge these 
duties. 

THE WEST VIRGINIA COLORED INSTITUTE. 

98&. An act accepting the provisions of the act of Con- 



90 School Law of West Virginia 

gress, approved August thirtieth, eighteen hundred and 
. ninety, entitled "An act to apply a portion of the pro- 
ceeds of the public lands to the more complete endow- 
ment and support of the colleges for the benefit of agri- 
culture and the mechanic . arts, established under tjie 
provisions of an act of Congress, approved July second, 
eighteen hundred and sixty-two," and providing for the 
apportionment of said endowment according to the pro- 
visions of said act. 

Whereas, The Congress of the ITnited States of 
America, by an act approved August thirtieth, eighteen 
hundred and ninety, entitled, "An act to apply a portion 
of the proceeds of the public lands to the more complete 
endowment and support of the colleges for the benefit 
of agriculture and the mechanic arts, established under 
Act of Con- the provisions of an act of Congress approved July sec- 
gress. Q^^^ eighteen hundred and sixty-two," made an appro- 

priation to each state and territory of fifteen thousand 
dollars for the year ending June thirtieth, eighteen hun- 
dred and ninety; and an annual increase of said appro- 
priation thereafter for ten years by the additional sum 
of one thousand dollars over the preceding year, after 
which time the annual amount so appropriated will be 
twenty-five thousand dollars for the more complete en- 
dowment and maintenance of the colleges established un- 
der the act of Congress last aforesaid, "to be applied only 
to instruction in agriculture, the mechanic arts, the Eng- 
lish language, and the various branches of mathematical,, 
physical, natural and economic science, with special re- 
ference to their application in the industries of life; 
and to the facilities for such instruction," and 

Whereas, By a proviso in said act no State can ob- 
tain the benefits thereof, where facilities are not pro- 
vided for the instruction of colored students in said 
branches of study, either in the same institution or in 
separate institutions, and the legislatures of the several 
states are required to make an equitable division of said 
annual appropriation where such separate institutions 
are provided, and report the same to the Secretary of the 
Interior, and 

Whereas, The Constitution of the State of West Vir- 
ginia forbids the education of white and colored youths 
in the same State schools, and this State having hereto- 
fore made no provision for the separate education of col- 
ored youth in agricultural and the mechanic arts; and 
the enumeration of the white and colored youths of this 
State, of school age, being about 250,000 white and 12,000 
colored, it being the duty of this State to indicate a reason- 
able proportion of said appropriations to be set apart an- 



School Law of West Virginia . 91 

nually for the instruction of the colored youth of the 
State, the sum of $3,000 is hereby indicated as an equit- 
able portion of said appropriations for five years from the 
date of the passage of this act, and after that time $5,000 
as long as such appropriation continues; and 

Whereas, By the terms of the said act of Congress * 
of the United States, approved August thirtieth, eighteen 
hundred and ninety, it is necessary, in order to enable this 
State to share in the appropriations so made and to be 
made under the provisions of said last recited act, for 
the legislature to accept of the provisions of said act for 
and on behalf of this State, and to make proper and 
suitable provisions for said act upon which this State will 
be entitled to her distributable share of said appropria- 
tions, and to designate the institutions of learning to be- 
come the beneficiaries of said appropriations, and the offi- 
cer of this State to whom the money shall be paid by the 
United States for the use of said beneficiaries. There- 
fore, 
Be it enacted by the Legislature of West Virginia : 

I. The Legislature of. the State of West Virginia Acceptance of 
hereby accepts for said State, the terms and provisions gran1;s!^^ ° 
of the said act of the Congress of the United States ap- 
proved x\ugust thirtieth, eighteen hundred and ninety, for 

the objects and purposes mentioned and declared therein, 
and designates "The West Virginia University," estab- 
lished in pursuance of the Act of the Congress of the 
United States passed July 2, 1862, aifd a subsequent act 
passed by said Congress on April 19, 1864, at Morgan- 
town, in the county of Monongalia in this State, as the 
beneficiary of said appropriation for the instruction of 
white students, and an institution to be located and pro- 
vided for the purpose as hereinafter required and directed 
in the county of Kanawha, to be called "The West Vir- 
ginia Colored Institute," for the beneficiary of said ap- 
propriation for the instruction of colored students to be 
paid to each in the proportion mentioned in the preamble 
to this act. And the said institution by the name of "The 
West Virginia Colored Institute," shall have and hold 
all the property, funds, rights, powers and privileges here- 
inafter mentioned. 

II. For the government and control of said institute 
there shall be a board of regents, consisting of the State 
Suj)erintendent of Free Schools and six other competent 
persons, not more than four of whom shall belong to the 
same political party, to be called the "Eegents of the 
West Virginia Colored Institute," and as such board they 
may sue and be sued, plead and be impleaded, and have 
a common seal. The governor shall, between the fifteenth 



92 



School Law of West Virginia 



Regents to 

establish 

departments. 



Rulea and 
regulations. 



State Treas- 
urer to re- 
ceive grants. 



day of March and the fifteenth day of May, in the year 
nineteen hundred and one, and every four years there- 
after, nominate and, by and with the advice and consent of 
the Senate, appoint said six regents, whose term of office 
shall begin on the first day of June next following their 
appointment, and continue for four years and until their 
successors are appointed and qualified. Vacancy in the 
office of regent shall be filled by appointment by the gov- 
ernor for the unexpired term. The term of office of the 
regents now in office shall expire on the thirty-first day 
of May, nineteen hundred and one. Said board shall have 
the care, custody and control of the property and funds 
of the Institute, and may accept from any person or per- 
sons, gifts of money or property for the use of said in- 
stitute;- and all such money and property when so re- 
ceived by them, shall be held in trust by them for the use 
and benefit of the Institute, and applied thereto as the 
donors may have directed, and if no such directions have 
been given, as a majority of the regents may determine. 

III. The board of regents shall from time to time 
establish such departments of education in literature, 
science, art and agriculture, not inconsistent with the 
terms of the several acts of Congress hereinbefore re- 
ferred to as they deem expedient, and as the funds under 
their control will warrant, and purchase such materials, 
implements, and apparatus, as may be requisite to the 
proper instruction of said colored students in all said 
branches of learning as to carry out the intent and pur- 
poses of said acts of Congress. 

IV. The said board shall establish and declare such 
rules, regulations and by-laws, not inconsistent with the 
laws of the United States or of this State, as they may 
deem necessary for the proper organization, the tuition 
of the students and the good government of the insti- 
tute, and the protection of the property belonging there- 
to. All reasonable expenses incurred by said regents 
in the discharge of their duties hereby imposed upon 
them shall be allowed by the Governor and paid out of 
the treasury of the State, in like manner as other charges 
on the treasury are paid. 

V. The Treasurer of this State is hereby designated 
as the officer to receive from the Secretary of the Treas- 
ury of the United States the said several sums of money 
so to be paid to this State aforesaid, for the uses and 
purposes aforesaid. He shall keep an exact account of 
the moneys so received, and shall place to the credit of 
each of said beneficiaries thereof, its due proportion of 
the same. The sums so placed to the credit of the West 
Virginia University shall be paid out by him on the or- 



School Law of "West Virginia 93 

der of the board of regents thereof, and the sums so 
placed to the credit of the West Virginia Colored In- 
stitute, shall be paid out by him on the orders of the board 
of regents of said institute. And said treasurer shall 
include in his biennial report to the Governor a state- 
ment of his receipts and disbursements under the pro- 
visions of this act. 

VI. It shall be the duty of the board of the school sj^te^and^ 
fund to proceed with all reasonable dispatch to procure 

the necessary quantity of farming land not exceeding 
fifty acres in all in some suitable and proper locality in 
the county of Kanawha, with a title thereto clear and 
unqiiestionable, and to erect the necessary buildings and 
make the necessary improvements thereon, for the pur- 
poses of this act, and to comply in good faith with the 
terms and conditions, and to carry into eiJect the objects 
and purposes of the acts of Congress in making said 
appropriations. 

VII. And in order to ■ enable said board to perform Ten thousand 
the duties required of them by this act; the sum of ten can^ ^out 
thousand dollars is hereby appropriated and placed at ^^^^ ^^t- 
their disposal, payable out of any money in the treas- 
ury not otherwise appropriated: Provided, That said 

board may in their discretion borrow the said sum of 
ten thousand dollars from the "school fund" mentioned 
in section 4 of article XII of the Constitution of this 
State, at six per cent, interest per annum, and execute the 
■bonds of the State therefor, payable with interest as 
aforesaid, not more than ten years from the date thereof. 

WEST VIRGINIA KEFORM SCHOOL. 

[98c. I. An institution to be called "The West Vir- Reform 
.^inia Eeform School," is hereby established, and shall ^ °° • 
hereafter be carried on in a suitable building or build- 
ings for the purpose, to be erected by the State at such 
locality as may be selected in accordance with this act. 
This institution shall be under the control of a board of 
directors hereinafter provided for. 

II. The board of directors shall consist of seven mem- Board of 
bers, not more than five of whom shall belong to the same ^i^'*^<=t°^^- 
political party. The Governor shall, on the tenth day of 
March, one thousand nine hundred and one, or as soon 
thereafter as convenient, and every four years thereafter, 
nominate and, by and with the advice and consent of the 
senate, appoint said seven directors, whose term of office 
shall begin on the first of May, next following their ap- 
pointment, and continue for four years and until their 
successors are appointed and qualified. Any vacancy in 
the board shall be filled by appointment by the Governor 



94 



School Law op West Virginia 



President. 



Quorum. 



Rules and 
regulations. 



Directors' 
report. 



Manner of 
commitment. 



in like manner, for the unexpired term. The term of 
office of the directors now in office shall expire on the 
thirtieth day of April, nineteen hundred and one. 

III. The board of directors shall biennially choose one 
of their body to be president of the board, and in his 
absence shall choose a president pro tempore. A major- 
ity of the board shall constitute a quorum, but the board 
may in its discretion designate business, of a nature by 
it to be specified, which may be transacted by a stated 
number of directors less than a quorum. 

IV. The board of directors shall make such by-laws, 
ordinances, rules and regulations relative to the manage- 
ment, government, instruction, discipline, training, em- 
ployment and disposition of the minors in the reform 
school, not contrary to law, as they may deem proper, 
and shall appoint such officers, agents and servants as 
they may deem necessary to transact the business and 
carry on the operation of said reform school, and may 
designate their duties. 

V. The board of directors shall make an annual report 
to the Governor of all their transactions, of the number 
of minors received by them into said reform school, the 
disposition which shall be made of such minors, by in- 
structing or employing them therein or by binding them 
out as apprentices; the receipts and expenditures of said 
board of directors, and generally all such facts and par- 
ticulars as may tend to exhibit the effect, whether bene- 
ficial or otherwise of said reform school. 

VI. The manner of receiving inmates into the West 
Virginia Eeform School shall be in either of the follow- 
ing modes, namely: * 

First. Male minors under the age of sixteen years 
may be committed by a justice of the peace of any of 
the counties in the State, on complaint and due proof 
made to him by the parent, guardian or, next friend of 
such minor, that by reason of incorrigible or vicious 
conduct, such minor has rendered his control beyond the 
power of such parent, guardian or next friend, and made 
it manifestly requisite that from regard for the morals 
and future welfare of such minor and the peace and order 
of society, he should be placed in the West Virginia Ee- 
form School. 

Second. Male minors under the age of sixteen years 
may be committed by the authority aforesaid, when "com- 
plaint and due proof have been made that such minor is 
a proper subject for said reform school by reason of vag- 
rancy or of incorrigible or vicious conduct and that from 
the moral depravity or otherwise of the parent, guardian 
or next friend, in Avhose custody such minor may be, such 



School Law of West Virginia 95 

parent, guardian or next friend is incapable or unwil- 
ling to exercise proper care and. discipline over such in- 
corrigible or vicious minor. 

Third. Such male minors under the age of sixteen years 
as their parents, guardian or next friend may desire to 
place therein for temporary restraint and discipline, where 
parents, guardian or next friend shall agree and contract 
with the board of directors for their support and main- 
tenance. 

And fourth. Male minors committed by the several Male minors 
courts of the State, as provided by section 7 of this 
chapter. 

A-^II. Whenever any male minor, under the age of six- 
teen years, shall be convicted in any of the courts of 
this State of a felony or of a misdemeanor, punishable 
by imprisonment, the judge of said court in his discre- 
tion, and with reference to the character of the reform 
school as a place of reform and not of punishment, in- 
stead of sentencing said minor to be confined in the peni- 
tentiary or count}^ jail, may order him to be removed 
to and confined in the said reform school, to remain until 
he shall have arrived at the age of twenty-one years, un- 
less sooner discharged or bound as an apprentice by the 
board of directors; but no such boy shall be retained in 
said school after the superintendent shall have reported 
him, and he has been found by the board or its executive 
committee, to be fully reformed. Male minors under 
sixteen years of age, convicted in any of the courts of the 
United States for the district of West Virginia, or of any 
offense punishable by imprisonment, may also be received 
into said reform school upon such regulation, and such 
terms as to their maintenance and support, as may be 
prescribed by the board of directors, and assented to by the 
proper authorities of the United' States. And in all cases, 
iDefore any minor is transferred to said reform school, due 
notice shall be given to the superintendent and an answer 
received from him that there is room in the reform 
school for such minor. 

A'^III. It shall be the duty of the justice of the peace Data to be 
when committing a minor to said reform school under ^Q^^^f^ment. 
the first and second clauses of section six of this chap- 
ter, in addition^to the commitment, to annex to said com- 
mitment the names and residences of the different wit- 
nesses examined before him, and the substance of the tes- 
timony given by them respectively, on which the adjudi- 
cation was found. 

IX. In all proceedings before justices of the peace for Guardian ad 
commitment of minors to tlie said reform school under '**<'"*• 
the first and second clauses of section six of this cbap- 



96 School Law of West Virginia 

ter, the justice shall appoint some discreet and disinter- 
ested person guardian ad litem for such minor, whose 
duty it shall be to represent the interest of said minor 
and see that no injustice is done him; and the guardian 
ad litem of said minor shall have the right to demand a 
jury of twelve men to try the truth of the charges made 
against said minor, and said jury shall be selected and 
said trial shall be conducted in the same manner as 
is provided by law for the trial of criminal cases before 
justices by juries. And said guardian ad litem or said 
minor shall have the same right of appeal from any 
final decision rendered against said minor in any such 
proceedings, whether upon a trial by jury or otherwise, 
as is allowed by law in other criminal cases tried before 
justices. 
Male inmates X. The West Virginia Reform School shall be exclu- 
sively charged with the reformation and care of male 
minors, but white and colored inmates shall be kept sep- 
arate. 
Children may XI. The board of directors shall have power to bind 
as ap-^ °^^ o^T-^ male children committed to their care, with the con- 
prentices, sent of such children, as apprentices during their minor- 
ity to such person and place, whether in or out of the 
State, and to learn some proper trade and employment as 
in the judgment of said board will be most conducive 
to the reformation and future benefit and advantage of 
such children, and the indentures by which said children 
shall be bound, shall contain the covenants and provis- 
ions prescribed by chapter eighty-one of the Code of 
West Virginia, relating to master and apprentices, and 
all the provisions of said chapter shall apply to appren- 
tices bound under this section, so far as applicable. 
Commission XIT. A commission consisting of the State Superin- 
se ec site, j^gndent of Free Schools, and one member from each 
Congressional district of the State to be appointed by 
the Governor, shall within four months after this act 
becomes in force as a law, select such locality as it may 
deem best as the site for the West Virginia Eeform 
School, and procure a good title to such site, and report 
their action to the Governor as soon as such selection is 
made and the title procured. And as soon as practicable 
after said report is made to the Governor, the "board of 
directors" herein provided for, shall contract for and 
cause to be constructed on the said site, such building or 
buildings as may be needed in carrying out the provisions 
of this act. Provided, That the sum to be expended for 
said site and for constructing said building, shall at no 
time exceed the appropriation for said purpose, 
fion'foi^'si'te ^III- The sum of five thousand dollars 'to be paid 
and buimTngfe. out of the State fund for the fiscal year ending Septem- 



School Law of West Virginia 97 

ber.30, 1889, and five thousand dollars to be paid out of 
the State fund for the fiscal year ending September 30, 
1890, is hereby appropriated out of any money in the 
treasury not otherwise appropriated to be used in pro- 
curing said site for said Eeform School, and in provid- 
ing suitable buildings and accommodations for the same, 
and in carrying on said Eeform School when establish- . 
ed; and the reasonable expenses of the commissioners 
herein provided for, selecting a site for the said Reform 
School shall be allowed and paid out of said money here- 
by appropriated. 

XIV. Every boy sent to the reform school shall remain Boys t9 re- 
until he is twenty-one years of age, unless sooner dis- ^j^^^oj?^^ ^^ 
charged or bound as an apprentice by the board of direc- I'efoi-med. 
tors; but no boy shall be retained after he has been re- 
ported by the superintendent and found by the board or 
■executive committee to be fully reformed; Provided, That criminal boys 
in any case where a boy is committed to the reform ^'^^enf^eli-'^* 
school for an offense punishable by confinement in thetiary. 
penitentiary, and it is found by the board of directors 

that the reform school is unable to benefit such boy, and 
that his presence is a detriment or menace to other boys 
in the institution, or to the general good of the school, 
he may be securely returned to the court which sentenced 
him, and said court shall thereupon pass such sentence 
upon him as to confinement in the penitentiary as may 
be proper in the premises, or as it should have done had 
it not sentenced him to the reform school. 

And the governor shall have power, when in the judg- Governor 
ment of the warden of the penitentiary and the superin- "^mute 
tendent of the reform school it is advisable, to remit the sentence, 
penalty of any youthful offender, under the age of six- 
teen years, confined in the penitentiary, to a sentence to 
the reform school. 

XV. If any person shall entice, or attempt to entice, Persons as 
.away from the reform school any boy legally committed mates^in'^ 

to the same; or shall aid or abet any boy to escape f rom ^^'^'^p'^s, &c., 
said reform school; or shall harbor, conceal, or aid or be_ guilty of 
abet in harboring or concealing any boy who shall have ^^^'^flned!'^^^ 
escaped therefrom; or shall, without the permission of the 
superintendent, give or sell, or aid or abet any other per- 
son to give or sell, to any boy in said reform school, 
whether on the premises of said institution or otherwise, ■ 
any money, firearms, intoxicating drink, tobacco, cigar- 
ettes, or other article whatsoever; or shall in any way 
cause or influence, or attempt to cause or influence, or 
aid or abet therein, any boy in said reform school to vio- 
late any rule of the institution or to rebel against the gov- 
ernment of said school in any particular ; or shall receive 



98 School Law of West Virginia 

by the hands of any boy anything of value, whether 
belonging to the State or otherwise; such person shall 
be deemed guilty of a misdemeanor, and, upon convic- 
tion therefor, shall be fined not less than ten nor more 
than one hundred dollars, or be confined not more than 
twelve months in the county jail, or both fined and im- 
prisoned as aforesaid, as the court may deem proper. 

Officers to And the superintendent, or any of his assistants, or any 

one authorized in writing by him, or any sheriff, con- 
stable, policeman, or other peace officer, shall have power, 
and it is hereby made his duty, to arrest any boy, when 
in his power -to do so, who shall have escaped from' said 
school, and return him thereto. 

^har es^*^ XVI. Justices and constables and juries shall have 

the same fees in the proceedings for the commitment of 
boys to the reform school as are allowed by law for 
similar services in other criminal cases, and such fees 
shall be audited by the county court of the county, and 
paid out of the county treasury. "For transporting a 
boy to the reform school the officer having him in charge 
shall be allowed five cents for each mile of necessary 
travel, either in going or returning; and said costs of 
transportation in case the boy has been convicted of a 
felony shall be paid out of the State treasury in the same 
manner that other criminal charges are paid out of said 
treasury; and in case the boy has been convicted of a 
misdemeanor, or been committed by a justice, said costs 
of transportation shall be paid out of the treasury of the 
count}'', from which said boy is committed, in the same 
manner as other criminal charges are paid out of the 
treasuries of the counties. 

PREPARATORY BRANCH OF THE W'EST VIRGINIA UNIVERSITY 
AT MONTGOMERY, FAYETTE COUNTY. 

Name. 1. There shall be established a school at Montgomery, 

in the county of Fayette, to be called the Preparatory 
Branch of the West Virginia University, by which name 
it shall have and hold all the property, funds, investments, 
rights, powers and privileges granted by this act, b}^ be- 
quest, private subscriptions, donation or otherwise. 

Appropria- 3. ]t being estimated that the sum of ten thousand 

dollars will be needed for the purpose of the erection of 
.suitable buildings and the purchase of a. site for said 
school, therefore the sum of five thousand dollars pay- 
able out of the revenues of this fiscal year, one thousand 
eight hundred and ninety-five, is hereby appropriated out 
of any money in the treasury, to be expended under the 
directions of the board of regents of said school for said 
purpose. 



tion. 



School Law of West Virginia 99 

For the government and control of said school there Regents, 
shall be a board of regents consisting of the state super- 
intendent of free schools and the members of the board 
of regents of the West Virginia University. As such they 
may sue and be sued, plead and be impleaded contract 
and be contracted Avith and have a common seal. 

3. Said board shall have all the powers to act and Powers of 
shall act and be controlled according to and under the ^^°^ ' 
laws of chapter forty-five of the code of West Virginia, 
governing the board of regents of the West Virginia Uni- 
versity, except as herein limited by this act. 

4. Said board of regents shall as soon as this act takes Board to let 
eiffect, let the contract and provide for the erection of contract, 
suitable buildings upon the site selected and furnished 

for said school by the citizens of the town of Mont- 
gomery, Fayette county. Said buildings to be completed 
and said school opened not later than the first day of 
September, one thousand eight hundred and ninety-six. 
Said board shall provide suitable books, furniture and 
apparatus necessary for the successful operation of said 
school, all of which shall be paid for as herein provided. 

5. That the property in all grounds, buildings and property 
improvements erected under the provisions of this act, ^oli^d^ '° 
shall be- vested in the board of regents of said school, to 

be used and controlled, as in like manner, is the prop- 
erty of the West Virginia University used and controlled 
by its said board of regents. 

6. There shall be taught in said school such branches Branches 
of learning as are taught in the preparatory department t^^stt. 
of the West A'^irginia University and in the normal schools 

of this State; but no student shall receive instruction free 
of tuition in any of the branches herein designated, ex- 
cept as to such as are taught free in the preparatory de- 
partment of the University of West Virginia. 

7. It shall be the duty of the said board of regents to Teachers, 
emplov and fix the salaries of a sufficient and competent 

corps of teachers and other necessary officers. Said teach- 
ers and officers to be paid as is provided by law for the 
payment of teachers and officers of the West Virginia 
University. 

8. All students of this or other States desiring to"*Tuition. 
take other branches of study than those designated in 

said preparatory courses or take other course of study 
in said school shall pay such tuition as shall be herein- 
after fixed by the faculty of said school. 

9. All money arising from tuition, matriculation fees Tuition, etc.; 
or otherwise coming into the hands of the treasurer of^°^ applied, 
said school shall be used and applied to the payment of 

the teachers' salaries and other liabilities of said school. 



100 



School Law of AVest Virginia 



BLUEFIELD COLORED INSTITUTE. 



Board of 
Begents. 



Name. 1. There shall be established a school at Bluefield, 

county of Mercer, to be called "Bluefield Colored Insti- 
tute," by which name it shall have and hold' all the 
property, funds, investments, rights, powers and privi- 
leges created by this act, by bequest, private subscrip- 
tion, donation or otherwise. 

2. For the government and control of said institute 
there shall be a board of regents consisting of the State 
Superintendent of Free Schools and five other persons, 
not more than three of said persons shall belong to 
the same political party. Said board shall be a body cor- 
porate under the style of ''Board of Regents of the Blue-" 
field Colored Institute," and as such may sue and be 
sued, plead and be impleaded, contract and be contracted 
with, and have and use a common seal. The Governor 
shall, between the fifteenth day of March and the fif- 
teenth day of May, in the year nineteen hundred and one. 
and every four years thereafter, nominate and, by and 
with the advice and consent of the Senate, appoint said 
five regents, whose term of office shall begin on the first 
day of June next after their appointment and continue 
for four years and until their successors are appointed 
and qualified. A vacancy in the office of regent shall be 
filled by appointment by the Governor for the unexpired 
term. The compensation of said regents shall be the same 
as that provided for the regents of the West Virginia 
Colored Institute. The term of olfice of the regents now 
in office shall expire on the thirty-first day of May, nine- 
teen hundred and one. 

3. Said boards, shall have all the powers to act, and 
shall act and be controlled according to and under the 
laws governing the board of regents of the normal schools 
of this State, except as here limited by this act. 

4. The said board of regents shall, as soon as this act 
takes effect, let the contract and provide for a suitable 
building upon the site selected for said school by the 
said board of regents, said building to be completed and 
said school opened not later than the first day of Sep- 
tember, one thousand eight hundred and ninety-six. Said 
board shall provide suitable books, furniture and ap- 
paratus necessary for the operation of said school, all of 
which shall be paid for as hereinafter provided. 

Property. 5. The property and all grounds and improvements 

erected under the provisions of this act, shall be vested 
in the board of regents of said school, to be used and con- 
trolled in like manner as the property of the normal school 
and branches is used and controlled by its said board of 
regents. 



Powers of 
board. 



Provisions 
for sctiool. 



School Law of West Virginia 101 

G. There shall be taught in said school such branches Branches to 
of learning as are taught in the preparatory department ^ "^ 
of the West Virginia University and in the normal schools 
of this State, but no student shall receive instruction free 
of tuition in any of the branches here designated except 
as provided in section ninety-six of chapter forty-five of 
the Code of West Virginia, and as to such as are taught 
free in the preparatory department of the University of 
West Virginia. 

7. It shall be the duty of the said board of regents to Teachers and 
employ and fix the salaries of a sufficient and competent ° ^^"' 
corps of teachers and other necessary officers, such teach- 
ers and officers to be paid as is provided by law for 

the payment of teachers and officers of the normal schools 
of this State. The said salaries 'to be paid out of any 
moneys in the State treasury not otherwise apportioned. 

8. All students of this State desiring to take other Tuition, 
branches of studies than those designated in said pre- 
paratory course or taking other courses of study in said 
school, shall pay such tuition as shall hereafter be fixed 

by the faculty of said school. 

9. All students from other states shall be required to Foreign 
pay such tuition as shall be designated by the said board ^ 

of regents. 

10. All money arising from tuition, matriculation fees Money 
or otherwise, coming into the hands of the treasurer of ^° ^^ e . 
said school, shall be used and applied to the payment of 
teachers' salaries and other liabilities of said school. 

KEYSER PREPARATORY BRANCH OF THE V^EST VIRGINIA 
UNIVERSITY. 

L There shall be established at Iveyser, in the county Name, 
of Mineral a school to be called the "Keyser Preparatory 
Branch of the West Virginia University," by which name 
it shall hold all the property, funds, investments, rights, 
powers granted and may receive and hold by bequest 
private subscriptions, donations or otherwise money and 
other property. 

11. It being estimated that the sum of twenty thou- -^jPPropria- 
sahd dollars will be needed for the purpose of erecting 
suitable buildings for said school, therefore, the sum of 

seven thousand five hundred dollars is hereby appropriated 
out of the revenues of the fiscal year, one thousand nine 
hundred and one, and the sum of twelve thousand five hun- 
dred dollars out of the revenues of the fiscal year one thou- 
sand nine hundred and two, is hereby appropriated out of 
any money in the treasury to be expended under the direc- 
tions of the board of regents of said school for said pur- 
pose. For the government and control of said school, there 



102 



School Law of West Virginia 



Board of 
Regents. 



Counties 
represented 
on board. 



Building. 



Property 
vested in 
board. 



Branches to 
be taught. 



Tuition. 



Salaries of 
teachers. 



Additional 
branches ; 
tuition. 



shall be a board of regents consisting of six members, who 
shall be appointed by the Governor ; not more than four of 
whom shall be of the same political party, and who, with 
the State Superintendent of Free Schools, who shall be ex- 
ofiicio member shall constitute said board ; two of the mem- 
bers of said board of regents shall hold their office for the 
term of two years, beginning the first day of June, 1901 ; 
two for the term of four years and two for the term of six 
years. Vacancies occuring.in the board shall be filled by 
the Grovernor as they occur. 

The members of said board shall be appointed from the 
citizens of Mineral, Grant, Hard}^, Morgan, Pendleton, 
Tucker, Preston and Hampshire counties, and before en- 
tering upon the discharge of their duties, the members of 
the board shall take an oath to faithfully discharge their 
duties. The said board shall be known as the board of 
regents of the "Keyser Preparatory Branch of the West 
Virginia University," by which name said board shall sue 
and be sued, make contracts, receive and hold real and 
personal property as aforesaid. 

III. Said board of regents shall as soon as practicable 
after this Act takes effect, contract and provide for the 
erection of suitable buildings upon the site selected and 
furnished for said school by the town of Keyser, in Min- 
eral county. Said buildings to be completed and said 
school opened by the first day of October, 1902. Said 
board shall provide suitable books, furniture and apparatus 
necessary for the successful operation of said school. All 
of which shall be paid for as herein provided. 

TV. That the property, buildings and improvements 
erected under the provisions of this Act, shall be vested in 
the board of regents of said school, to be used and con- 
trolled for the purposes of this Act. 

V. There shall be taught in said school such branches 
of learning as are taught in the Preparatory Department 
of the West Virginia University and in the ISTormal 
Schools of this State, including mechanics and such other 
branches as shall fit the pupils for useful trades and call- 
ings. But no student shall receive instruction free of tui- 
tion in any of the branches herein designated, except as 
to such as are taught free in the Preparatory Department 
of the West Virginia University. 

VI. It shall be the duty of said board of regents to 
employ and fix the salaries of a sufficient and competent 
corps of teachers and officers, to be paid as provided by 
law, and as directed by said board of regents. 

VII. All students of this or other States desiring to 
take other branches than those designated in said pre- 
paratory course, or to take other courses of study in said 



School Law of West Virginia ■ 103 

school, shall pay such tuition as shall be fixed by the 
board of regents. 

VIII. All money arising from tuition, matriculation Money, how 
fees or otherwise coming into the hands of the treasurer "^^*^" 

of said school, shall be used and applied to the payment of 
the teachers salaries, and other liabilities of said school. 

IX. No part of this appropriation provided for in this Keyser to 
Act shall be expended in the construction of buildings, pro- school! ^^ 
viding furniture for said school, nor be used for that 
purpose until the board of regents shall certify to the 
Auditor that the town of Keyser, or the citizens thereof, 

have donated to the board for the purposes of this Act 
at least the sum of five thousand dollars, in land, money 
or other property. 

X. And the Auditor is hereby authorized to draw his Auditor to is- 
warrant on the Treasurer of this State, payable to the^*^® wan-ants, 
treasurer appointed by said board, for the money appro- 
priated by this act when payable according to the terms 

of this Act. 

XI. The board of regents of said school shall have Treasurer, 
power to appoint a treasurer, and require him to give executive ^°*^ 
bond, with good security to be approved by said board, committee, 
and also a secretary, to appoint an executive committee 

of not more than three persons, citizens of Keyser, to 
have the care, control and management of said school, un- 
der the order and direction of the board of regents. 

XII. The members of the board of regents shall re- per diem and 
ceive three dollars per day for the time actually employed ^oard^^^ °^ 
by them and their actual expenses while attending the 
meetings of the board, which shall be verified by oath. 

UNCODIFIED LAWS. 

Davies' "Facts in Civil Government" be, and the same Optional 
is hereby made a supplementary and optional text-book ^^^^* ^°°^- 
for use in the free schools of the State, the same to con- 
tain the constitution of West Virginia. The price at 
which such book shall be furnished to be 55 cents per 
copy. 



The boards of education throughout the State, out of Boards may 
the building funds of- their districts may provide for the ^^^'^^^.^^• 
purchase of a United States Flag, four by six feet of 
regulation bunting, for each school house in their district 
and require the same to be displayed over the school house 
during the time the school is in session. 

The trustees of such school district shall, in accordance Trustees to 
with the direction of the board of education, place such ^^^p ^flags 
fxag over the school liouse in their school district at the 
beginning of the school term therein, and said trustees 



104 School Law of West Virginia 

shall cause the teachers to keep said flag so displayed dur- 
ing the time the school is in session, except that on stormy 
or inclement days, said flag shall not be so displayed, if in 
the judgment of said teacher such inclement weather would- 
be destructive of said flag. 



Election days. All election days shall be legal holidays throughout 
holidays. .j.|-^g district or municipality in which the election is held. 



Holidays. The following named days be regarded, treated and ob- 

designated. served as legal holidays, viz: The first day of January, 
commonly called "New Year's Day;" the twenty-second 
day of February, commonly called "Washington's Birth 
Day ;" the fourth day of July, commonly called "Independ- 
ence Day;" the thirtieth day of May, commonly called 
"Memorial Day;" the twenty-fifth day of December, com- 
monly called ''Christmas Day;" the first Monday in Sep- 
tember, commonly called "Labor Day;" any national or 
state election day; and all days that may be appointed or 
recommended by the Governor of this State or the Presi- 
dent of the United States as days of thanksgiving, or for 
the general cessation of business; and when either of said 
days or dates falls on Sunday, then it shall be lawful to ob- 
serve the succeeding Monday as such holiday : Provided^ 
that when the return day of any summons or other court 
proceeding, or any notice, or the time fixed for holding any 
court, or doing any official act, shall fall on either of said 
holidays, the next ensuing secular day shall be taken as 
meant and intended. 



School Law of West Virginia 105 

AN ACT limiting the amount of indebtedness of counties, cities 
school districts and municipal corporations. 

Section 1. N"o county, city, school district or municipal corpora- 
tion, except in cases where such corporations have already authorized 
their bonds to be issued, shall hereafter be allowed to become indebted, 
in any manner or for any purpose, to an amount, including existing 
indebtedness, in the aggregate exceeding two and one-half per centum 
on the value of the taxable property therein, to be ascertained by the 
last assessment for state and county taxes, previous to the incurring 
of such indebtedness ; nor without, at the same time, providing for the 
collection of a direct annual tax sufficient to pay annually the interest 
on such debt, and the principal thereof within and not exceeding 
thirty-four years ; provided, that no debt shall be contracted under this 
section, unless all questions connected with the same shall have been 
fiyst submitted to a vote of the people, and have received three-fifths 
of all the votes cast for and against the same. 

Section 2. This act shall not take effect until January first, nine- 
teen hundred and six. 

(The above act was passed by the Legislature February 11, 1905.) 



APPENDIX. 



OEDER OF PROCEEDINGS AT THE EIRST ANNUAL MEETING OF THE BOARD 
AFTER THEIR ELECTION. 

[See Section 8.] • 

I. Appoint a secretary. 

3. Appoint one trustee for each sub-district. 

3. Determine the number of months the schools shall be taught 
in the district during the school year. 

4. Determine the number of teachers that may be employed in 
the sub-districtS;, allowing at least one for each school house. 

5. Fix the salaries of teachers according to the grade of certifi- 
cate. 

6. Estimate the number of teachers of each grade that will be 
employed. 

7. Ascertain the whole number of months to be taught in the 
district by teachers of each grade. 

8. Determine the aggregate amount of money necessary to pa;^ 
all the teachers. 

9. Ascertain the unexpended balance of the teachers' fund in the 
hands of the sheriff, due the district from last year, after paying 
all salaries due teachers the preceding year. 

10. Ascertain any other moneys available to the teachers' fund. 

II. Deduct these amounts from the aggregate amount necessary 
to pay all the teachers. 

12. Lay the district levy for teachers' fund large enough to cover 
this amount, making proper allowances for exonerations, delinquen- 
cies and commissions. 

The following calculation will be convenient for reference in mak- 
ing levies for school purposes : 

ISTumber of teachers to be employed in the district 20 

Number of months to be taught during the year 6 

Amount of money to pay all teachers (estimated) $ 4,380 



108 School Law of West Virginia 

This estimate is made as follows : 

10 JSTo. 1 grade teachers at $40 per mo 400 

6 ISTo. 2 grade teachers at $35 per mo 210 

4 'No., 3 grade teachers at $30 per mo 120 



Monthly pay $ 730 

Number of months 6 



Total for term $4,380 

Deduct amount on hand including amount of general school 

fund 1,880 



$ 2,500 



To ascertain the number of cents to be levied on every one hun- 
dred dollars' valuation of property in the district to raise $2,500 by 
taxation, suppose the whole valuation in the district to be $600,000. 

EuLE — Drop the cents, if any, and add four ciphers to the amount 
in dollars to be raised by the levy, and divide by the amount in dol- 
lars taxable property. 

Example: 600,000)25,000,000(41 2-3 cents. 
24,000,000 



1,000,000 
600,000 



400,000 

= 2-3 

600,000 

Similar calculations should be made in relation to the Building 
Fund. 

13. Determine the method and enter it on record, for calling spe- 
cial meetings of the board when necessary. 

FOEM NO. I. 

FORM OF ORDERS TO BE ENTERED OF RECORD BY THE BOARD OF EDU- 
CATION. 

Office of the Board of Education ) 

District^ in the County of ) 

West Virginia. 

At a meeting of the Board of Education held on the .... day of 

, 19 . ., there were present, president, and 

and , members of the board. 

On motion of , it is ordered that be, and he is 

hereby appointed Secretary of this Board. 



School Law op West Virginia 109 

On motion, it is ordered that the following named persons be ap- 
pointed trustees in the following named sub-districts, for a term of 
three years, and until their successors are appointed and qualified : 

Trustee for Sub-District No. 1. 



Trustee for Suh-District No. 2. 



On motion of , it is ordered that the salaries of teachers 

per month, for the school year, shall be as follows, according to the 
grade of their certificate : For grade N'o. 1, $....; for grade No. 2, 
$ ; for grade No. 3, $ 

It is found by the board that in addition to the available funds 
now on hand, $ . . . . will be necessary for the payment of teachers' 

salaries for the current year, and on motion of , it is ordered 

that a tax of .... cents on the one hundred dollars' valuation of 
the real estate and personal property of the district be levied for 
that purpose. 

(A similar order should be entered in relation to the levy for 
Building Fund.) 

On motion of , it is ordered that the president and secre- 
tary of this board be authorized to sign, in vacation, all proper or- 
ders for the payment of money, out of the teachers' fund or the build- 
ing fund, for the salaries of teachers employed and claims allowed 
by the board, and that they report the orders drawn on each fund, 
at the next meeting of this board. 

The secretary of this board made a report this day for the several 
orders drawn by him and the president, on the teachers' fund and 
the building fund, respectively, since the last meeting of the board, 

as follows : An order on the teachers' fund, in favor of , 

a teacher, for $....; an order in favor of , a teacher, for 

$....; also an order on the building fund, in favor of , for 

work done on school house, for $....; and an order, in 

favor of for furnishing wood for school house, 

for $..... 

On motion of , it is ordered that when in the opinion of 

the president or of the two commissioners it is deemed necessary, the 
president or secretary may call a special meeting of this board. 

On motion the board does now adjourn. 



.... President. 

Secretary. 



110 School Law of West Virginia 

FOEM NO. II. 

ORDEE OF APPOINTMENT TO FILL A VACANCY IN THE BOARD OF TRUS- 
TEES. 

[To be entered in records of the board. ] 

There being a vacancy in the board of trustees in sub-district No. 

, in the district of , on motion of , it 

is ordered that be, and he is hereby appointed to fill said 

vacancy for the unexpired term, and till his successor shall be ap- 
pointed and qualified. 

NOTE — This order of appointment should be entered in the record book of the 
board of education at a regular meeting, and a copy of it signed by the secretary 
of the board served upon the appointee. 



FOEM NO. III. 

APPOINTMENT OF A MEMBER OF THE BOARD OF EDUCATION TO FILL A 

VACANCY. 

Office of County Superintendent^ ) 

OF tete County of ) 

, West Virginia, , 19 ... . 

It having been made known to me that there is a vacancy in the 

board of education in district in my said county, I 

county superintendent of said county, in pursuance 

of the authority vested in me by law, hereby appoint 

to fill the vacancy in said board for the unexpired term. 

, County Superintendent. 



FOEM NO. IV. 

oath of office 

state of West Yirginia, County of , to-wit: 

I, ., do solemnly swear (or aflEirm) that I will. support 

the Constitution of the United States, and the Constitution of this 
State, and that I will faithfully discharge the duties of my office of 

to the best of my skill and judgment. So help me 

God. 

A B . 

Sworn to and sn.bscribed before me, ., a justice of 

the peace, the .... day of , 19 . . 

C D , J. P. 



School Law op West Yirginia 
FOEM NO. V. 



Ill 



PORM TO BE USED IN" THE SETTLEMENT BY THE SHERIFF WITH THE 

SEVERAL BOARDS OF EDUCATION, ON OR BEFORE THE 30TH 

DAY OF JUNE IN EACH YEAR. 



, Sheriff of county, in aconnt with 

the Teachers' Fnnd of district for the year ending 

June 30, 19.. 



To balance due District on settlement for year ending June 30, 19 

To amount due from State School Fund for the year ending June 30, 19 — 

To amount levied on a valuation of S — for the year ending June 30, 19 

at cents on each hundred dollars valuation 

To amount received from other sources for the year ending June 30, 19 

[Itemize each sum received from "other sources," giving date, amount 
and from whom received. ] 

Total debits 

By balance due sheriff oji settlement for the year ending June 30, 19 

By sundry school orders paid to date 

[The No., date and name of persoa to whom each order was drawn, 
with the actira/ amount pa/d thereon by the officer presenting it, should 
be given in detail.] 

By commission at 5 per cent, on net district levies 

By 3 per cent, commission on railroad levy 

By exonerations — (Name each person exonerated, the name and for what 

year the exoneration is made ) 

3y delinquent list for the year ending June 30, 19 

Total credits 

Balance due district, (or sheriff, as the case may be) 



Ots. 



Ots. 



FOEM NO. YL 



CALL FOR SPECIAL MEETING. 



Office of ) 

District, ) 

County, W. Va. ) 

, 19.. 

It appearing to that a special meeting of the board 

of education of said district is necessary to transact business relating 

to and other matters, a meeting is hereby called at 

at o'clock '.... M., , 19 . . You 

are requested to be present. 

, Secretary. 



To 



112 School Law of West Virginia 

FORM NO. VII. 

for transfer. 

District, ) 

County, W. Va. ) 

Sub-District, No ) 

It appearing to the undersigned, trustees of sub-district 

that , children of of 

, sub-district are so situated as to be better accommodated 

in sub-district no . . , . , district, County, W. Va., 

this is to certify that said trustees have this day, as required by law, 
transferred them to that district. This transfer is to commence on 

the .... day of .• 19 . ., and continue in force 

months. 

To the Trustees of Sub- ) ) 

Dist. No. . . of . . Dist., ) ) Trustees. 

County, W. Va. ) ) 

On the reverse of the transfer (Form VII) the following endorse- 
ment may be made : * 

Transfer of .... scholars from sub-district no .... , Dis- 
trict, County, to sub-district no . . . . , District, 

County, W. Va. 

We, the trustees of the last named sub-district, this day ...... 

'^accept the within transfer in accordance with sec. 12 school law, 
, 190 

) 

) Trustees. 

■• ) 

*0r refuse to accept. 

NOTE — Trustees accepting transfers from other districts should transmit them to 
their board of education, there to be kept on file for the information of the board in 
making settlements for the amount due for the transferred pupils. 

Trustees making transfers should furnish their board with information of all 
transfers made by them, to enable the board to provide for the payment of the pro 
rata expenses of the transferred pupils. The following form may be used by the 
trustees : 

To the president of the Board of Education of district: 

This is to certify that the undersigned, trustees of sub-district 

no . . , District have transferred as required by law 

pupils, the children of , from this sub-district to no .... , 

District, County, to begin on the .... day of 

, , 19 . ., and continue .... months. 

) 

) Trustees. 

) 



School Law of AVest Virginia 113 

FORM NO. VIII. 

CONTRACT BETWEEN TRUSTEES AND TEACHER. 

This Contract Witnessetli^ That , , 

and , trustees of sub-district Ro in the 

district of , and county of West Vir- 
ginia, of the first part, having met together as required by section 13 

of the School La^v, and , a teacher holding a 

No teacher's certificate, of the second part, have this day 

agreed that said shall teach the free school in said 

sub-district, for the term of months, commencing on the .... 

day of , 19 . ., for the sum of dollars per month, 

and that for said services, properly rendered, the trustees aforesaid 
will pay, as prescribed by law, the amount of salary due said 

according to the terms of this contract, provided 

said teacher complies with the law relative to institute attendance 
and the following conditions of this contract : 

It is further agreed that if the relationship exists between the 
parties to this contract prohibited by Section 13 of the School Law, 
that this contract shall be void and the second party shall not be 
entitled to receive from the Board of Education any compensation 
for the teaching of the school, or any part thereof, under this con- 
tract. 

The second party represents that he is not at this time under an 
agreement to teach any other school which will interfere with the 
leaching of the school under this agreement, and agrees that he will 
not hereafter make an agreement to teach another school which will 
interfere with his teaching the term of school provided for in this 
contract. 

And he agrees to forfeit to the first party an amount equal to one 
month's salary under this contract, in the event he without legal ex- 
cuse fails or refuses to complete the term of school by this contract 
agreed to be taught; which amount, if already paid to the second 
party by the Board of Education of said district at the time the sec- 
ond party quits said school before the expiration of the term, may 
b)e recovered by and in the name of the Board of Education in any 
proper action therefor. 

It is further agreed that, if for any legitimate cause the school is 
not begun on the date mentioned, or if for any cause it is by the 
first part}^ discontinued or suspended, neither party shall have re- 
course on the other for damages. 

Witness our hands, this the .... day of , 19 . . 

) 

) Trustees. 

• ) 

. . , Teacher. 



114 School Law of West Virginia 

*I represent myself to be worth more than Four Hundred Dollars 
over and above my debts and liabilities ; and I hereby agree to pay 

to the board of Education of 

District an amount ecjual to one month 's salary of the teacher of the 
above contract, if the above named teacher, without legal excuse 
therefor, fails or refuses to teach the full term of school provided for 
in the above contract. 



Date, 



*Wliere the party of the second part is a minor or unknown to the Trustees the 
above bond may be required. 

FOEM NO. IX. 

seceetary's notice to county superintendent^ assessor and 
county clerk, of rate of levies. 

Office of Secretary Board of Education. 
, 19 . . ='=To of countjy 

At a meeting of the board of education of district 

of said count}^, held on the .... day of , 19. ., it was 

ordered that levies for the support of the free schools of the district 
for the year beginning the first day of July, 19. ., be made for the 
respective funds at the following rates : 

For Teachers' Fund, cents on the $100 valuation. 

For Building Fund, cents on the $100 valuation. 

Eespectfully, 

, Secretary. 

Section 41 School Law. — Immediately upon the receipt of the 
certificate mentioned in the preceding section, and of the notice from 
the county superintendent, as hereinafter provided, showing the 
amount of the general school fund to which such district, or inde- 
pendent school district is entitled, it shall be the duty of the board 
of education of such district to determine the rate of taxation nec- 
essary for the pay of teachers and for the building fund in their 
district for the school year and for the payment of any such existing 
indebtedness, as aforesaid, and report the same by their secretary, 
to the clerk of the county court, to the county superintendent and 
also to the assessor; and thereupon, it shall be the duty of the said 
assessor to extend on his books of assessment for State and county 
purposes the amount of taxes levied as aforesaid, in two separate 
columns, the one headed "Teaeliers' Fund," and the other ''Build- 
ing Fund," from which extension the sheriff shall proceed to collect 
the same, and shall account therefor as required by law. An}' as- 
sessor who shall fail to make out and deliver the certificate mentioned 
in the forty-third section, and any secretary of a board of education 
who shall fail to make out and deliver the certificate named in this 
section shall be fined tvrenty dollars, for the benefit of the Building 
Fund of the district. 



*Write Assessor, Oleiic of Ooniity C^ourt or County Superintendent as the case 
may be. Each must be uotifled pi'omptly. 



' School Law of West Virginia 115 

FOEM X. 

COUNTY superintendent's CERTIFICATE TO SECRETARIES OF THE 

amount of railroad tax. 

Office County Superintendent Free Schools. 

To the Sec'y Board of Education of District. 

County, West Virginia. 

You are hereby notified that the amount due your district for school 
purposes and chargeable to the Sheriff on the respective accounts of 
Teachers' and Building Fund in proportion to the rate of levy for 

each, for the school year ending June 30, 19 . ., from the 

Eailroad Company is Dollars. 

Given under my hand this .... day of , 19 . . . . 

Dated , 19 ... . County Sup't County, 

When the County Superintendent is notified by the Auditor of 
the amount paid into the treasury by the Eailroad Company to the 
credit of any district for school purposes ; or, is notified of the amount 
of Eailroad tax certified by the Auditor to the Sheriff of the County 
for collection for school purposes, he should, without delay, notify (on 
this blank) the Secretaries of the respective Boards of. Education of 
the amount due them from the different Eailroad companies that 
have property in their respective districts. The secretaries of the 
Boards, when they are notified as above directed, should divide the 
amounts so reported, between the Teachers' and Building Funds in 
proportion to the rate of levy made for each. The amounts should 
then be charged up to the Sheriff on account of the respective Funds. 

FOEM NO. XL 

COUNTY superintendent's CERTIFICATE TO THE AUDITOR OF DIS- 
tribution of state fund for his county. 

Office County Superintendent Free Schools, ) 

, , County, W. Ya., ,19 ) 

To the Auditor of the State of West Virginia. 

Sir : — The following shows the apportionment made by me, to the 

several school districts of the county of , for the school 

year commencing July 1st, 19. . 

Whole amount certified by State Superintendent, $ 

Amount deducted for salary of County Superintendent, 

Whole amount distributed to the several school districts, ...... 



116 ■ School Law op West Virginia 

Amount distributed to eacli scliool district respectively: 



TiTQT'HTnT'^ Payment of 


Paym't of 
Deo. 15th. 


Total. 


District, $ 




§ 




% 
























































































































S 


■ 






Total S. 


iS.- 








•■■■ ■ \ 


































































































Total S. 

























,, Coimtv Superintendent 
of . 



County. 



Section 22 of the school Law requires county superintendents to 
apportion the State Fund among the several districts of their_ re- 
spective counties and to report the' same on this form to the Auditor. 

FORM XO. XII. 

COUN"Ty SUPEEINTENDEN-t's certificate to secretaries of THE 

amount of state fund. 

Office of County Superintendent Free Schools. 

County, West Virginia. 

19.. 

To the Secretary of the Board of Education of District. 

I hereby certify that the amount of State School Fund appor- 



School Law op West Virginia 117 

tionecl to your district for the scliool jeav beginning on tlie 1st day 

of Jul_y, 19 . . , is '. 

dollars. 

Enumeration for 19 . ., (corrected) 

County Superintendent. 

The amount will be paid to the sherifE of the county in two equal 
installments^ on September 15th, and on December 15th, next; pro- 
vided your board levy for a sum, which, together with the balance 
on hand, funds from other sources, and this State fund, will be 
sufficient to pay for having the schools of your district taught for at 
least six months in the year. You will charge the sherifE with the 
above amount on account of the teachers' fund. 

As soon as the county superintendent receives notice from the 
State Superintendent of the amount apportioned to his count}^, he 
should apportion, the amount among the respective districts and in- 
dependent district, according to the number of youths between 6 and 
21 in each, ascertained by the last enumeration, and should thereupon 
notify the respective secretaries on this blank (Form 18) without de- 
lay. 

FORM NO. XIII. 

assessor's notice to secretaries op valuation op personal 

property. 

Oppice op Assessor . . 

OP County. 

West Virginia. 

To the Secretc&y of the Board of Education of District: 

The assessed valuation of the personal property in your district 

on the first day of Januar}^, 19. ., aggregate $< 

Given under my hand the .... day of , 19. . 

Assessor.. 

P. 0. Address, 



A copy of this notice should be sent to the secretary of each dis- 
trict at the very earliest moment possible, as he must have it on 
the first Monday in July, at the annual meeting of the board of ed- 
ucation. 

The assessor of every assessment district shall make out and de- 
liver to the secretary of the board of education of each district and 
independent school district in his district, on or before the first day of 
July in each year, a certificate showing the aggregate value of all 
personal property; and the clerk of the county court shall certify to 
the said secretary the aggregate value of all real estate in such dis- 
trict or independent school district, which certificates shall -serve as a 
basis for any levy that may be made for school purposes for that 
year. — (Sec. 43 School Law.) 



118 School Law of West Virginia 

x\ny assessor who shall fail to make out and deliver the certificate 
mentioned in the fort3^-third section, and any secretary of a board 
of education who shall fail to ]nake out and deliver the certificate 
named in this section, shall be fined twenty dollars, for the benefit 
of the building fund of the district. — (Part of Sec. 44 School Law.) 

FORM NO. XIV. ^ 

COUNTY clerk's NOTICE TO SECRETARIES OE ASSESSED VALUATION OF 

real estate. 

Office Clerk County Court 

County, 

West Virginia. 

To the Secretary Board of Education of District: 

The assessed valuation of the real estate in your district on the 

first day of January, 19. ., aggregates $ 

Given under my hand the day of , ., 19 . . 



Cleric of County Court. 

A copy of this notice should be sent to the secretary of each dis- 
trict at the very earliest moment possible, as he must have it at the 
annual meeting of the board of education on the first Monday in 
July. 

The assessor of every assessment district shall make out and de- 
liver to the secretary of the board of education of each district and 
independent school district in his district, on or before the first day 
of July in each year, a certificate showing the aggregate value of 
all personal property; and the clerk of the county court shall cer- 
tify to the said secretary the aggregate value of all, real estate in 
such district or independent school district, which certificates shall 
serve as a basis for any levy that may be made for school purposes 
for that year. (Section 43 School Law.) 

FOEM XV. 

county clerk's notice to secretaries of delinquent lists. 

Office Clerk County Court 

County. 

West Virginia. 

To the Secretary Board of Education District: 

The sheriff of county is entitled to credits for the 

delinquent list (including property erroneously and improperly 
charged) for the year ending June 30, 19 . . : 

On Eeal Estate for Teachers' Fund, $ 

On Personal Property for Teachers' Fund $ 

Total for Teachers'Fund, $ 

On Eeal Estate for Building Fund, $ 



School Law of "West Virginia 119 

On Personal Property for Building Fund, $ 

Total for Building Fund, $ 

You will charge the sheriff with the following amounts, certified 
]jy the Auditor as paid to the sherifip on account of redemption of 
delinquent lands paid into the treasury before sale: 

For Teacher's Fund, $ 

For Building Fund, $ 

Given under my hand the day of , 19 . . 



Clerh of County Court. 

The said lists shall be returnecl to the county court before the first day of July 
in every year, and the list of real estate shall be examined, corrected and allowed 
by said court, and a copy thereof certified to the Auditor, and another copy to the 
assessor for future use in making out the next land book. The list of personal 
property shall also be examined, corrected, and allowed by the court, and the 
amount thereof so allowed, together with the amount allowed of the list of real 
estate, shall be certified by the clerk of said court to the secretary of the board 
of education of the proper district. The original list shall be preserved by the 
■clerk of said court in his office. — Sec. 48, School Law. 

FOEM NO. XVI. 

TRUANT officer's NOTICE. 

, W. Ya., , 19.. 



M, 



Dear 

You are hereby notified that the attendance of 

, and 

being under your control are required to attend school and according 
to the provisions of section 10a, Chapter 45 of the Code as revised 
by the Legislature of 1903, such attendance must commence within 
five dajs from receipt of this notice unless due cause be shown why 
such child or children should not attend. 

Should you fail to comply with the requirements of this law, you 
will be subject to a fine of two dollars for the first offence and five 
dollars for each subsequent offence. 

Respectfully, 

Truant Officer, 

District County, West Virginia. 

Note — This notice should be mailed where practicable, otherwise it must be 
delivered by the truant officer in person or sent by a reliable carrier. 

FOEM NO. XVII. 

TRUANT officer's REPORT TO BOARD. 

Members Board of Education, District, County, 

West Virginia. 

GentIjEMEN : I hereby certify that I have investigated 

cases under the truancy law during the month of , 19. ., 

of which .number were prosecuted and con- 



120 



School Law of West Virginia 



victed. I have mailed .... notices, delivered in person .... notices 
or sent by other means .... notices. 

In all I have spent hours* or ...... days and .... hours 

in the discharge of my duties as truant officer. 

Eespeetfull}^, 

Truant Officer, 

District, County, W. Va. 

Personally appeared before me of 

County, the said . and, on oath, says that the above 

report is true and correct, to the best of his knowledge and belief. 
Griven under my hands this day of , 19 . . . 



M, 



*Note. — Nine hours should be reckoned as constituting a day. 

POEM INTO. XVIII. 

. TRUANT OFFICER^S STATEMENT TO SHERIFF. 

,\Y. Va., 19... 



Sheriff of County, 

W. Va. 

Dear Sir : Under the provisions of Sec. 10a, Chap. 45 of the Code 

the following fines were imposed in district, 

County, under my jurisdiction during the month of , 19. . : 



NAME. 


Address. 


Date. 


Amount 
of Fine. 


OhUd for Which 
Fined. 


Age of 
Child. 








1 














































































































































































Total 




S 



















Eespectfully submitted, 

, Truant Officer. 

District, County, W. Va. 



School Law of West Virginia 121 

FOEM InO. XIX. 

STATEMENT OF APPORTIONMENT OF THE GENERAL SCHOOL FUND. 

STATE OF WEST VIEGINIA, 

Department of Free Schools. 

Charleston, June , 190. . 

To , Count}^ Superintendent, 

, W. Va. 

Dear Sir: 

The following" is' the amonnt of the General School Fund appor- 
tioned to your county for the year beginning July 1, 19. . ., and end- 
ing June 30, 19. . . : 

Xet amount apportioned $ 

County Su.perintendenf s salary $ 

Gross amount apportioned $ 

Total enumeration of your county, 

You will please make the apportionment of the above NET amount 
among the several districts of your county at once that the boards of 
education may have the same in their hands at their first meeting in 

July. 

Eespectfully, 

? 

State Superintendent of Free Schools. 

FOEM NO. XX. 

school book bond. 

Know all men hy these presents. That we • 

, Principal, and and 

sureties, are held and firmly bound unto 

the State of West Virginia, in the sum of ten thousand ($10,000) 
dollars, lawful money of the United States of America, to be paid 
unto the said State, "for which payment well and truly to be made, 
we bind ourselves, our heirs, executors and administrators, jointly 
and severally, firmly by these presents. 

Sealed with our seals and dated this day of , 

in the year one thousand nine hundred and 

Whereas, by a certain agreement in writing, bearing date on the 

day of 19 ... , the above bounden 

has covenanted, promised and agreed with the School Book 

Board of County to supply certain school text-books 

for use in the free schools of said County and State, as will in the 
said agreement more fully and at large appear: — 

Now, therefore, the condition of the above obligation is such that 

if the said shall faithfully, fully 

and entirely do, perform, keep and observe the said agreement, and 
every such agreement hereafter or heretofore made with any other 



122 School Law of AVest Virginia 

School Book Board of any other county within this State, and each 
and every of the covenants, ^^rovisions, agreements, terms and con- 
ditions on .... part to he done, perforilied, kept and observed, then 
this obligation shall be void, otherwise to remain in full force and 
virtue. 



FORM XXI. 

SCHOOL TEXT-BOOK CONTRACT. 

Tills Agreement made and entered into this day of 

. . , in the year of our Lord, one thousand nine hundred 

and six, by and between the School Book Board of 

County, State of West Virginia, party of the first part, and 

, party of the second part : 

WITNESSETH,' That for the mutual considerations of this con- 
tract hereinafter named the parties subscribed hereto acknowledge 
themselves bound by the following terms and conditions, viz. : 

First, the said County School Book Board hereby adopts for use in 
the schools of its county for a period of five years commencing on 
the first day of July, 1906, according to the provisions of Section 57a. 

Chapter 45 of the Code ; and said , party of 

the second part agrees to furnish to every board of education or their 
agents, every depository, dealer or other person of the county the 
following books at the prices set opposite each : 

[Here state full and accurate title of each book, name of author, and name of 
publisher and price, including prices agreed on for exchange for other books, and for 
introduction, if any such prices for exchange or introduction are agreed on.] 

Second, it is agreed and understood that all the books furnished 
under this contract shall be equal in every respect to the sample 

copies furnished to , County Superintendent of 

said count}', as provided in Section 57a, Chap- 
ter 45 of the Code, and no changes shall be made in said books during 
the period of this contract except such revisions as are necessary to 
bring geographies and histories up to date in matter. 

Third, it is further stipulated and agreed that the said party of the 
second part shall print and furnish to the county superintendent of 

said county as many copies of a schedule of the 

prices and terms of the books herein adopted as there are teachers and 
school officers in the county. 

Fourth, it is further stipulated and agreed that said party of the 
second part shall make no charge for boxing or carting any books 
sold under this contract but all said books shall be delivered properly 
packed and in good condition, free of charge, on board the cars at 
, in the county of and State of 



School Law op West Virginia 123 

Fifth, it is further stipulated and agreed that said party of the 
second part shall take back all books sold under this contract and re- 
maining in good condition in the hands of boards of education, de- 
positaries, or agents of the School Book Board or boards of education, 
at the expiration of this contract, and refund the amount paid there- 
for. 

Sixth, it is further stipulated and agreed that all the provisions of 
said Section 57a, Chapter 45 of the Code of West Virginia, whether 
incorporated in this agreement or not, shall be binding on the parties 
thereto, and shall be taken, treated, and deemed as a part of this eon- 
tract. 

In testimony whereof witness the following signatures this 

•day of , 19. . .. 

The School Book Board op County, 

f . . . : , Pres. 

By^ . 

I • , Secij. 

, Publisher, 

By 



INDEX, 



Page. 

Additional Months of School, how to make levies for 49 

Adoption of Text-Books 63 

Account of Examination Fund 37 

Age Requirement for Teachers 34 

Age Limits for Compulsory Attendance 18 

Age Limits for Legal Attendance 17 

Age, Classification of Youth with regard to 27 

Agricultural College 75 

Agricultural Experiment Station 79 

establishment of and provisions relating to 79 

bulletin issued by 80 

Alcoholic Drinks and Narcotics: 

effect upon human system, instruction in 20 

to be taught as thoroughly as other branches 20 

penalty for failure to provide instruction in 20 

teacher to be examined in 20 

Amendment to Constitution Concerning School Fund 8 

Annual Levy for Teachers' Fund 47 

Annual Meeting of Board, order of proceedings ■» 107 

Annual Settlement, County Clerk's 54 

Annual Settlement of Sheriff with County Court 54 

Appeal from Board of Examiners or County Superintendent 36 

Appeal from Decision of Board Concerning Boundaries 16 

Appointment of School Book Board 62 

Appointment of Trustees 13 

Apparatus, Furniture, Etc.: 

to be provided by Board of Education 44 

to be kept in good order and repair 44 

Appropriation for Institutes 42 

Assessor: 

to certify value of personal property ; when 50 

penalty on for failure to certify value of personal 

property 51 

penalty on for charging more taxes than due 51 

fines against, how recovered 51 

foi'm to be used in making out delinquent list 55 

certificate of, the basis for school levy 50 

to furnish list of property in sub-district 32 

to register deaf and blind persons 89 

Attendance at Institute, compensation for 41 



Sec. 
41 

11 
4 
10-a 
10 
19 
76 
86 a 
86-a 
86-a 

11-a 
11-a 
11-a 
11-a 

40 

46 
46 

9 

9 

57 
4 

34 
34 

30 



44 

44 

44 

47 

42 

26 

98-a 

30 



Page. 


Sec. 


50 


42 


56 


48 



136 Index 



Auditor: 

not to pay State fund to districts not making levy. 

delinquent list to be certified to 

to include school taxes on real estate in delinquent 

list furnished sheriff 57 49 

to deduct salary of State Superintendent from Gen- 
eral School fund . 70 60 

to certify to State Superintendent amount of Gen- 
eral School fund for distribution 70 61 

to issue warrant for amount of General School fund 

due county; when 71 Q2 

to report condition of School fund to State Super- 
intendent; when 73 68 

is custodian of the School fund securities 75 74 

fees from examination sent to 37 11 

Ballot Commissioners: 

(See Board of Ballot, Commissioners') 

Ballots: 

special; when and for what purpose 11 2 

for question of school levy 12 2-a 

Basis for School Levy 50 42 

Bills Contracted by Trustees; how paid 25 16 

Bluefield Colored Institute: 

name, appropriation and provisions for 100 1-5 

branches to be taught in lOl 6 

Blank Record Book for Trustees: 

furnished by whom 25 16 

Board of Ballot Commissioners: 

special provisions as to ticket 11 2 

duties of 12 3 

Board of Education: 

who constitute 10 2 

members of to qualify, when 13 5-a 

members not eligible to other school offices 10 2 

tie in election of, how decided 11 2 

president of to elect County Superintendent in case 

of a tie vote 11 2 

applica(tion of to Board of Ballot Commissioners .... 11 2 

to submit question of longer school term 11 2 

how to make required levies 11 2 

time of first annual meeting 13 6 

a quorum shall consist of what 14 6 

members of must not be interested in school con- 
tracts 44 34 

vacancies in, how filled and for what time 13 5. 

to determine number of teachers to be employed .... 13 6 

cannot transact business without quorum, except. ... 14 6 

compensation of members of 14 6 



Index 127 

Page. Sec. 

a corporation with corporate rights 14 7 

may receive, hold and dispose of what 15 7 

process may be served upon 15 7 

to have control and supervision of schools in district 16 9 

shall appoint a secretary 15 8 

may change boundaries of sub-districts 16 9 

to cause school to be kept in each sub-district 17 10 

to employ teachers; when 17 10 

to have revision of acts of trustees. 20 12 

to pay tuition for transferred pupils 21 12 

may declare teacher's contract illegal 21 13 

to furnish blank record book for trustees 25 16 

order of proceedings for first annual meeting 107 

to apportion School fund to colored pupils 26 IS, 

to order unauthorized texts discontinued 68 57 

may be compelled by mandamus to divide fund 26 18 

to require the enumeration of school youth 26 19 

charged with duty of moral training 43 32 

to provide suitable houses and grounds 44 34 

not to be interested in contract for repairing or 

building houses 44 34 

may establish joint schools 44 34 

judgment or decree against, for money 46 37 

indebtedness of, must be paid how 47 38 

to make estimate of amount necessary to be levied . . 48 38 
to determine rate of taxation necessary for teachers' 

and building fund 51 44 

may be compelled to levy 49 40 

must not contract debt 51 45 

to levy for teachers' fund 48 40 

to require secretary to publish statement : . 52 45 

to make settlement with sheriff 54 46 

fined for refusing to make settlement with sheriff. ... 58 52 

members liable to fine for neglect of duty 69 59 

members not to act as agents 65 57 

to pay for books and transportation out of building 

fund 67 57 

may remove depositary 67 57 

may purchase books from pupils 67 57 

may provide free text-books 68 58-a 

to enter order for free text books 69 58-a 

liable for amount of books furnished depositories .... 67 57 

may purchase flags 103 

Board of Examiners: 

of whom composed , 3G 11 

qualifications of members 36 11 

members of, how nominated, when elected, term .... 36 11 

compensation of members 37 11 

vacancies in .' 37 11 



138 Index 

Page. Sec. 
(See also State Board of Examiners.) 

Board of the School Fund: 

fixed by constitution 8 

of whom composed 73 69 

organization of 73 69 

meetings of, where held 73 70 

to recover money due school fund; how 74 71 

may appoint agents 74 72 

to invest the School fund 74 73 

auditor to be accountant of 75 74 

certain stocks transferred to 74 73-a 

Board of Regents: 

of the University 76 78 

of the Normal Schools 80 87 

of the Montgomery Preparatory Branch 98 

of the Keyser Preparatory Branch 101 

, of the West Virginia Colored Institute 91 98-b 

of the Bluefield Colored Institute 100 

of the Institution for the Deaf and Blind 85 98-a 

of the Reform School 93 98-c 

Bonds: 

vote of people necessary to issuing of 52 45 

constitutional provision 6 

publisher's bond 65 57 

depositary's bond 65 57 

County Superintendent's bond 59 53 

contractor's bond 44 34 

special bond to be given by sheriff 53 46 

payment of interest and principal •• 47 38 

Books: 

f65 57 

officers and teachers not to be agents for, except .... ^„-. ;.„ 

price to be fixed 63 57 

notice to be sent State Superintendent 63 . 57 

not more than one book changed, except 64 57 

invoices of books ; 66 57 

old books to be received in exchange 68 57 

paid for out of building fund 67 57 

free text-books 68 58-a 

secretary to have control of free text-books 69 58-a 

teachers to distribute free text-books 69 58-a 

unauthorized books to be discontinued 68 57 

paid for out of building fund 67 57 

may be purchased from pupils 67 57 

money from sale of books credited to building fund. .67 57 

superseded books 68 57 

Book Board: 

how appointed, terms, of office 62 57 



Index 



129 



38 
38 
39 

57 
57 
38 
38 



82 
83 



Page. Sec. 

when appointed '. 62 57 

compensation 62 57 

vacancies, how filled 62 57 

quorum 62 57 

secretary, duties of 63 57 

meetings of • 63 57 

to make contracts for books 63 57 

Branches to be Taught in Primary Schools 19 11 

Branches in Which Teachers to be Examined 34 4 

Bribery of District School Officers, how punished 22 13 

Building Fires 43 32 

Building Fund: 

maximum rate of levy for 47 

for what purpose to be used 47 

from what sources derived 48 

money from sale of books credited to 67 

books and their transportation to be paid out of ... . 67 

additional levy, how provided 47 

payment of debts against 47 

Cadets : 

appointment of 77 

to have free text-books 78 

Capitation Tax: 

how appropriated 6 

exemption from 6 

Calendar of School Year Front 

Certificates, State: 

(See State Certificates.) 

Certificates : 

grades of 35 

grade to determine rate of salary 14 

teachers must file duplicate of 36 

valid in any county 35 

by whom signed 35 

duration of each grade 35 

may be revoked - 35 

Changes in Sub-Districts 16 

by whom and when made 16 

appeal to County Superintendent concerning 16 

Clerk of County Court: 

to call meeting to elect County Superintendent in 

case of tie 11 

to give notice of such meeting 11 

to certify valuation of real estate ; when 50 

to certify delinquent taxes 57 

to place delinquent list of personal property in 

hands of sheriff 57 

to keep record of settlement with sheriff 57 



5 
6 
10 
6 
6 
7 
5 
9 
9 
9 



2 

2 

43 

48 

51 
52 



130 



Index 



Page. Sec. 
to transmit' to State Superintendent abstract of an- 
nual settlement .58 52 

to certify to State Superintendent name of County 

Superintendent 59 53 

levies for school purposes to be reported to 9 7 

Classification of Youth with Regard to Age 27 19 

Colored Schools: 

trustees to establish when 25 17 

to receive proportion of district funds 26 17 

secretary to make report of 28 21 

trustees to make report of 28 20 

white children not to attend 25 17 

union of two or more sub-districts, to establish 26 17 

secretary to make report of 29 21 

training teachers of 84 96 

Colored Teachers 84 96 

Commission, Sheriff's for Collecting District Levies :.. 57 52 

Commission of Sheriff for Receiving and Disbursing Rail- 
road Taxes 54 46 

Commission, Depositary's • GG 57 

Commissioner, School: 

when elected, term, commencement of 10 2 

Commissioners of Election, duties of 12 3 

Compensation: i 

of members of Board of Examiners 37 11 

of members of Board of Education 14 6 

of State Board of Examiners 39 29-a 

of truant officers 19 10-a 

of teachers for institute attendance 41 30 

of institute instructors 41 30 

of president of board 43 33 

of secretary of Board of Education 16 8 

of School Book Board '62 57 

Compulsory Attendance : 

non-attendance; what constitutes 18 10-a 

truant officers ^ IS 10-a 

exemptions from - 18 10-a 

fines for non-attendance 19 10-a 

teachers and principals to report 18 10-a 

Condemning Land for School Purposes 45 36 

Condition of Permanent School Fund to be Reported to 

State Superintendent 73 68 

Constitutional Provision: 

relating to magisterial districts 5 27 

relating to Permanent School fund 7 4 

relating to State Superintendent 7 2 

relating to State officers 5 1-2 

relating to county officers G 4 

relating to taxation 6 2 



Index ' 131 

Page. Sec. 

relating to indebtedness 7 

relating to general supervision 7 

relating to County Superintendents 7 

relating to Board of School fund 7-8 

relating to provision for free schools by Legislature S 

relating to levies 9 

relating to school officers 9 

relating to independent districts 9 

relating to normal schools 9 

relating to improvements 9 

Contracts : 

form of between teacher and trustees 113 

school officers not to be interested in ... 44 ?4 

form' of, with publishers 122 

bonds of publishers ) 

County Court: 

to pass upon special bond 53 46 

delinquent list to be returned to 56 48 

to certify delinquent lists to assessor . 56 48 

to make settlement with sheriff or collector 57 52 

County Officers Subject to Indictment — Constitution 6 

County Superintendent: 

election of and term of office 10 

constitutional provision concerning . 7 

qualifications of , 58 53 

commencement and length of term of 59 53 

who to be elected in case of tie 11 2 

salary of, how paid 58 53 

salary for last quarter paid when 59 53 

bond of 59 53 

to notify State Superintendent of his election 11 2 

' to visit all schools in county yearly 60 54 

to acquaint himself with the schools 60 54 

to acquaint himself with school-house architecture.. 45 35 

to cast vote in case of tie for member of board .... 11 2 

vacancy in office of, how filled 59 53 

to pay salary of secretary 16 8 

to certify to State Superintendent valuations and 

levies 16 8 

appeal to concerning district boundaries 16 9 

action of in above case 17 9 

action of when enumeration has not been taken .... 27 19 

to certify enumeration to State Superintendent .... 27 19 

. n f61 56 

to make annual report to State Superintendent -! nq oo 

to nominate members of Board of Examiners 36 11 

to collect examination fees 37 11 

to remit balance of fees to Auditor 37 11 



133 Index 

Page. Sec. 

to send manuscripts sealed 34 • i 

to countersign certificates 35 6 

to name place of examination 34 2 

to make report to State Superintendent after exam- 
inations 37 11 

to forward institute fees to auditor 41 30 

to advise State Superintendent regarding county in- 
stitutes 41 30 

to determine location of school-house; when 44 34 

to approve plans of new school-houses 45 35 

to advise boards concerning school-house furniture 

and fixtures 60 54 

to aid teachers in improving themselves 61 55 

to encourage and aid institute work 61 55 

to certify attendance at district institutes to secre- 
taries 59 53 

• to form union institutes 61 55 

to arrange for and conduct district institutes 59 53 

to conform to instructions of State Superintendent. . 61 55 

to distribute school supplies for his county 61 55 

to report districts failing to make levy 61 56 

to report districts failing to make returns of enumer- 
ation 61 56 

to record his proceedings in well-bound book 61 56 

to' apportion General School fund to districts 70 61 

to issue requisition for amount of School fund due 

district 71 62 

to give consent to sale of property 43 33 

to call meetings of County Book Boards 63 57 

County Taxes not to exceed, etc 6 

Course of Study: 

for country and district schools prescribed by State 

Superintendent 19 11 

order and arrangement of 19 11 

County Superintendent to enforce uniformity 60 54 

Course of Study for Institute Work 41 30 

Course of Professional Study: 

to be prescribed by State Superintendent 41 30 

to embrace what 41 30 

teachers to be examined in 41 30 

Credit to Students Prohibited 85 98 

"Davies' Facts in Civil Government." Optional Text-Book.... 103 

Daily Registers to be Kept by Teacher 40 30 

Deaf and Blind, West Virginia Schools for 85 98-a 

Deaf and Blind Persons to be Registered by Assessor 89 98-a 

Debt, Constitutional provision concerning 7 

D^ebt Cannot be Contracted by Board of Education 51 45 

Debt May Be Created in Certain Cases 52 45 



Index 133 

Page. Sec. 
Delinquent List: 

to be certified to Auditor 56 48 

to be certified to Secretary by County Clerk 57 48 

of personal property, forms for 56 47 

* Delinquent Taxes to be Credited to Slieriff 54 46 

Depositaries: 

to be appointed by Board of Education 65 57 

to make payments to sheriff 66 57 

to give bond 65 57 

board may remove 67 57 

commission of 66 57 

to turn over superseded books to board . .' 68 57 

to make out list of text-books needed 66 57 

Depositories for Text-Books 65 57 

Disbursements by Sheriff: 

of State School fund 53 46 

of railroad taxes 54 46 

Disbursements, Statement of to be Published by Secretary 

of Board 52 45 

Directors of Joint High Schools, report of 32 26 

Discontinuance of Schools 22 13 

District Schools 5 and 10 

Distribution of General School Fund ; 70 60 

District Institutes 59 53 

District Boundaries: 

appeal to County Superintendent concerning 16 9 

action of County Superintendent in such case 16 9 

(See also Changes in Sub-District.) 

Disturbances of Schools, Societies, etc 24 15-a 

penalties for 24 15-b 

Division of Magisterial Districts into Sub-Districts 16 9 

Donated Lands, title to 46 37-a 

Duplicate Certificate to be Filed 36 10 

Duplicate Receipts to Depositaries by Sheriff 66 57 

Duties of Assessor 50 43 

Duties of Ballot Commissioners 12 3 

Election: 

of County Superintendent 10 2 

of president of Board and Commissioners 10 2 

when to be held 10 2 

ballots for, what to be written or printed thereon. .11 2 

special, when and for what purpose 11 2 

special for levy 12 2-a 

election days holidays 104 

vote upon question of high school 30 24 

vote upon -question of increased levy for graded 

school 32 26 

vote upon question of longer term 11 2 



134 



Index 



Page. Sec. 

officers of, liability of 12 3 

special for school purposes 11 2 

Election of Members of Board, tie vote, how decided 11 2 

Endorsement of School Order by Sheriff , 55 46 

Enrollment Fee, Institute 41 30 ' 

Enumeration of Youth: 

how, when, and by whom to be taken 26 19 

to be required by board 26 19 

to be certified to State Superintendent by County 

Superintendent 27 19 

penalty for not taking 27 19 

in case of transfers .__. 20 12 

to be taken in two classes 27 19 

blanks for to be furnished by State Superintendent. . 27 19 
Examination of Teachers: 

age and other qualifications 34 4 

in what branches 34 4 

grading manuscripts 34 5 

when and Vv^here to be held 34 2 

grades of certificates 35 5 

general regulations and control vested in State Su- 
perintendent 33 1 

right of appeal •. 36 8 

penalties for cheating in 35 8 

(See also State Board of Examiners.) 

Examination in Course cf Professional Study 41 30 

Examination Fees: 

to be sent to Auditor ' 37 11 

to be collected by County Superintendent 37 11 

Examination Fund 37 11 

Examination Questions, fines for tampering with f. . . 35 8 

Examiners, Board of 36 11 

Exemption: 

from compulsory attendance 18 10-a 

of teachers from institute attendance 42 30 

of school -lands from taxation 46 37 

of school lands from execution or other process .... 46 37 

from capitation tax 6 

of teachers from certain duties 27 19 

Exclusion from School by Trustees 22 13 

Expenses of State Superintendent 71 63 

Experiment Station, Agricultural 79 86-a 

Expulsion or Suspension of Pupils 22 . 13 

Expulsion, review of such action 22 13 

Fees: 

institute ._ 41 30> 

examination 37 11 

Failure of Publishers to Fulfill Contract 64 57 



Index 135 

Page. Sec. 
Fines: 

for non-compliance with compulsory attendance law 18 10-a 

to be remitted to sheriff 19 iQ-a 

for tampering with examination questions 35 g 

for failure to teach nature of alcoholic drinks 20 11-a 

against school officers for being interested in con- 
tracts 45 34 

against assessor, how recovered 51 44 

against assessor for over-charge of taxes 51 44 

against assessor for failure to deliver certificate 51 . 44 

against members of board for failure to make settle- 
ment 58 52 

against sheriff for failure to make settlement &7 52 

for using unauthorized text-books 68 57 

for violating county text-book law 69 59 

against members of School Board for neglect of duty 09 59 

( 15-a 

for molesting or disturbing schools 24 -1^,-^ 

) 15-D 

Fires, trustees to provide for building 43 32 

Flags : 

may be bought '. .' * ' 103 

trustees to cause teachers to keep displayed . . .- 103 

Forms : 

of delinquent list 55 47 

of County Superintendent's requisition 71 62 

of assessor's delinquent list of personal property ... 56 47 

of county clerk's delinquent list of real .estate 56 47 

of record to be entered by board 108 

of appointment of trustees . . . • 108 

of order to fill vacancy in Board of Trustees 110 

of order to "fill vacancy in Board of Education 110 

of oath of office HO 

of sheriff's annual settlement HI 

of call for special meeting HI 

of transfer of pupils 112 

of contract between teacher and trustees ' 113 

of County Superintendent's certificate to Auditor 115 

of County Superintendent's certificate to secretaries 115 
of County Superintendent's certificate of the State 

. fund 116 

of Assessor's notice of valuation of personal property 117 
of County Clerk's notice of assessed valuation of real 

estate US 

of County Clerk's notice of delinquent lists 118 

of secretary's notice of rate of levies 114 

of truant officer's notice 119 

of truant officer's statement to sheriff 120 

of School Book Bond 121 



136 Index 

% 

Page. Sec. 

of text-book contract 122 

Forfeits : 

by County Superintendents for what 59 53 

by teachers using unauthorized text-boolvs 6S 57 

for failure to return term register 40 30 

Free Schools: 

duty of Legislature concerning 7 1 

who may attend 17 10 

levies for to be reported to clerk of county court .... 9 7 

white and colored persons not to attend same school 25 17 
persons connected with not to be interested in sale 

"^'^^^^^ je'i 57 

person above twenty-one years .of age may attend 

when 17 10 

may be discontinued under thirty-five per cent, rule 22 13 

penalty for molesting or disturbing 24 15-b 

Free Text-Books: 

board may purchase 68 58-a 

to be kept by secretary 69 58-a 

contract and care of '. 69 58-a 

teachers to distribute 69 58-a 

pupils to replace books destroyed 69 58-a 

secretary's remuneration 69 58-a 

Funds to he Divided 26 18 

Furniture, Fixtures and Apparatus: 

to be provided by board 44 34 

to b6 kept in good order and repair 44 34 

General Supervision of Schools 7 

General School Fund: 

to be apportioned among districts by County Super- 
intendent 70 61 

when distributed 70 60 

from what sources derived 70 60 

duties of Auditor and State Superintendent con- 
cerning 70 61 

requisition on Auditor 71 62 

form of requisition 71 62 

Governor : 

to appoint regents of State University 76 78 

to fill vacancies, board of regents, university 76 78 

to appoint regents of normal schools 80 87 

10 appoint regents of schools for Deaf and Blind .... 85 9S-a 

to appoint directors of Reform School 93 98-c 

to fill vacancies in Reform School Board 93 98-c 

to appoint regents of Bluefield Colored Institute.... 100 



Index 



137 



Page. 
to appoint regents of the West Virginia Colored 

Institute 91 

Graded Schools: 

may be established ; how 32 

levy for 32 

extension of term in 32 

Grades of Certiiicates 35 

Grading Manuscripts 34 

Graded Course of Institute Work 41 

High Schools: 

mode of establishing 30 

additional levy for 31 

joint high schools 31 

directors of joint high schools 31 

directors' report 31 

discontinuance of 22 

Holidays : 

election days 104 

( 43 

days designated -^ -. q i_ 

Houses and Grounds: 

to be provided by board of education 44 

(49 

Increase in length of school term <-.-. 

levy for 12 

Indebtedness: 

constitutional provision concerning 6 

amount of limited for counties, cities, school dis- 
tricts, etc , 105 

against teachers' fund, how paid 47 

against building fund, how paid 47 

Indebtedness of Board of Education, how paid 47 

Independent School Districts: 

constitutional provision concerning 9 

not to receive part of State fund unless levy has been 

laid 50 

Indictment of Officers 6 

Institutes, County: 

County Superintendent to provide for 61 

purpose 40 

compensation for attendance 41 

instructors for 41 

enrollment fees 41 

report of 41 

graded course of work for 41 

who exempt from attendance 42 

failure to attend 42 



Sec. 



?-b 



26 
26 
26 

5 

5 

30 



24 
24 

25 
25 
26 
13 



31. 



34 

41 

2 



38 
3S 



42 
4 

55 
30 
30 
30 
30 
30 
30 
30 
30 



138 



IXDEX 



appropriation for 

time of ' holding 

Institute Fees; 

to be forwarded to Auditor 41 

Institute Instructors: 

qualifications of 41 

compensation of 41 

Institutes, District: 

pay for attendance upon, wlien 59 

Institute Reports • 41 

Instructors, Institute 41 

Interest on Bonds, payment of 47 

Investment of Permanent School Fund 8 

Invoices of School Books 6G 

Irreducible School Fund : 

(See Permanent School Fund.) 

Interruption of Schools, Societies, etc., penalty for 24 

Issuing Bonds, vote of people necessary 52 

Joint Colored Schools 26 

Joint High Schools 32 

Joint DistriQt Schools 44 

Joint Property, title to 44 

Judgment or Decree against Board of Education 46 

Judgment against Sheriff 55 

Justices to Remit Fines to Sheriff 19 



AGE. 


Sec. 


42 


30 


41 


30 



30 

30 
30 

53 
30 
30 

38 
4 

57 



15-a 
45 

17 
25 
34 
34 
37 
46 
10-a 



Keyser Preparatory Branch: 

(See Preparatory Branch.) 

Kindergarten Schools: 

may be established . 33 

teachers in 33 

Lands for School Purposes: 

Boards of Education to purchase 44 

how to. be condemned 45 

how may be sold 46 

title to certain lands 46 

exempt from taxes 46 

exempt from execution or other processes 46 

Legal Age of Pupils 17 

Legislature : 

must provide for Free Schools, constitution 8 

shall encourage moral and educational improvement 9 

must make suitable provision for whom 9 

to prescribe length of term of State officers 5 

Levies for School Purposes to "be Reported to County Clerk. . 9 

Levy : 

additional for high school .' 31 



26-a 
26-a 



34 

36- 

37-a 

37-a 

37 

37 

10 



12 

12 

8 



24 



♦ Index 139 

Page. Sec 

for building fund, maximum rate of ... 47 38 

additional for building fund, how provided 47 S8 

for teachers' fund 48 40 

for joint high school 31 25 

for increased term 12 2-a 

ballot for question of school levy 11 2 

how long to continue after election 11 2 

special may be made for high schools . . .■ 49 40 

for building fund 47 38 

for support of schools 48 40 

for a longer term than six months 49 41 

special for indebtedness 47 38 

necessary, to get State fund 50 42 

assessor's certificate basis of 50 43 

(11 2 

special election for < ^9 o-a 

Levy for Graded School 32 26 

vote upon increase thereof 32 26 

Levy, failure to make 12 2-a 

Levy Voted Down 11 2 

Liens on Real Estate for District Levies 57 50 

Limit of Indebtedness for Counties, Cities, Etc 105 

Local Levy Must be laid or State Fund Withheld 50 42 

Location of School Houses: 

to be determined by* whom^ 16 9 

(11 2 

Longer Term, vote upon question of < ^ ^ o.a 

Magisterial District: 

constitutional provision concerning 5 27 

to be school district 10 1 

to be divided into sub-districts 10 1 

not to receive part of State fund unless levy has been 

made 50 42 

Manual and Graded Course of Study 19 , 11 

Manuscripts to be Sent Sealed .• . 34 4 

Maximum Rate of Levy for Building Fund 47 38 

Maxim^um Rate of Levy for Teachers' Fund 49 40 

Maximum Rate of Taxation by ' County '6 7 

Meetings of State Board of Examiners 38 29-a 

Minimum School Term 48 40 

Montgomery Branch of University: 
(See Prepai'atory Branch.) 

Moral Training . 43 32 

Narcotics and Alcoholic Drinks 20 11-a 

Neglect of Duty on Fart of Board Finable 69 59 

New Branches of State Normal Schools Forbidden 9 11 

Non-Attendance : 

what constitutes IS 10-a 



140 Index 

Page, Sec. 

fine for 18 10-a 

» teachers and principals to report 18 10-a 

Normal Schools: 

(See State Normal Schools.) 

Oath of Office 5 

required by constitution 5 

when to be taken 5 

secretary of board may administer 16 8 

Oath of Sheriff to Delinquent List 56 47 

Office of State Superintendent to be kept where 72 64 

Officers: 

not to be personally interested in contracts 44 34 

may be removed for what 5 

subject to indictment for what 6 

fine, when other penalty is not fixed 69 ^ 59 

truant 18 10 

Officers of Election, liability of 12 3 

Order and Arrangement of Course of Study 19 11 

Order of Business for Meetings of Board of Education 107 

Optional Text-Books 103 

Payment of Teachers ■ 40 30 

Penalty : 

for interrupting or disturbing a school 24 15-a 

for failure to take enumeration 57 52 

upon Sheriff for failure to make settlement 57 52 

for cheating in examination 35 8 

for failure to return term and daily register 40 30 

for non-attendance at institute 42 30 

on trustee for receiving money for vote 22 13 

Permanent School Fund: 

constitutional provision concerning (amendment) ... S 

condition of to be reported to State Superintendent. . 73 68 

board t)f , of whom composed 8 

auditor to ascertain what sums have accrued 74 73 

how to be invested 74 73 

stocks transferred to 74 73-a 

Physiology and Hygiene, requirement concerning 20 11-a 

Plans for New School Houses to be Approved by County 

Superintendent 45 35 

Power of Legislature in Taxation 6 

Preparatorj' Branch of the University (at Montgomery) : 

name 98 1 

appropriation for 98 2 

regents of 99 2 

powers of regents 99 3 

board to let contract ; 99 4 

property vested in board 99 5 



Index 141 

Page. Sec. 

teachers 99 7 

tuition, how applied 99 8 

Preparatory Branch of the University (at Keyser) : 

name • 101 1 

appropriation 101 2 

board of regents 102 2 

counties represented on board 102 2 

building 102 3 

property vested in board 102 4 

branches to be taught 102 5 

tuition 102 5 

salaries of teachers 102 6 

tuition for additional branches 102 7 

money for tuition, how used ". . 103 § 

Keyser to donate to school 103 9 

auditor to issue warrants , 103 10 

secretary and treasurer 103 11 

executive committee 103 11 

per diem and expenses of board 103 12 

Preparatory Department of the University ; . . . 77 81 

President Board of Education: 

compensation of 43 33 

when elected, length of term 10 2 

term begins when 10 2 

to sign orders upon sheriff 14 6 

to elect Board of Examiners 36 11 

to visit school houses and make reports 43 11 

to fill vacancy in office of County Superintendent. ... 60 53 

to sign list of books needed 66 57 

to elect County Superintendent, in case of tie vote. . 11 2 

Primary Schools: 

branches to be taught in 19 11 

Proceeds of Sale of School Property 43 33 

Process on Board of Education, how served 15 7 

Professional Study, Course of: 

(See Course of Professional Study.) 

Property Vested in Board of Education 15 7 

Prosecuting Attorney: 

duty when sheriff fails to make settlement ' 58 52 

Publishers: 

who fail to fulfill contract 64 57 

to give bond on county contract 65 57 

to send books promptly 66 57 

to make out two bills of books 66 57 

Publisher's Contract 65 57 

Pupils: 

must attend school twenty weeks 18 10-a 

to replace free books injured or destroyed 69 58-a 

legal age of 17 10 



142 Index 

Page. Sec. 

may be expelled or suspended 22 13 

pay pupils '. 17 10 

Purchases by Trustees 25 16 

Qualifications of County Superintendent 58 53 

Qualifications of State Superintendent 71 63 

Questions and Manuscripts 34 4 

Quorum : 

of trustees 25 16 

of School Book Board 62 57 

of Board of Education 14 6 

Railroad Taxes 54 46 

Rate of Taxation for Teachers and Building Fund Deter- 
mined by Board of Education 51 44 

Rates of Levy to be Certified to State Superintendent by 

County Superintendent 16 8 

Record of Settlement with Sheriff, County Clerk's 57 52 

Record of Secretary of Board 15 8 

Record, County Superintendents' 61 56 

Records of Board of Education 15 • 8 

Record of State Board of Examiners 39 29-a 

Recovery of Money Due School Fund 74 71 . 

Reform School: 

board of directors 93 9S-c 

president of board 94 98-c 

quorum 94 98-c 

rules and regulations 94 3S-c 

directors' report 94 98-c 

manner of commitment 94 98-c 

male minors committed 95 98-c 

data to be annexed to commitment 95 98-c 

guardian ad litem 95 98-c 

male inmates only 96 98-c 

children may be bound out as apprentices 96 9S-c 

commission to select site for 96 98-c 

appropriation for site and buildings 96 98-c 

boys to remain till of age or reformed - . . 97 98-c 

criminal boys may be sent to penitentiary 97 98-c 

governor may commute sentence 97 98-c 

persons assisting inmates to escape 97 98-c 

ofiicers to arrest 98 98-c 

fees and charges 98 98-c 

Regents: 

of State University 76 78 

of State Normal Schools 80 87 

of Preparatory Branch at Montgomery 98 

of Preparatory Branch at Keyser 101 



Index 143 

Page. Sec. 

of schools for Deaf and Blind 85 98-a 

of Bluefield Colored Institute 100 

of West Virginia Colored Institute 91 98-a 

Regents of the University, vacancy on board 76 78 

Registers : 

term and daily 40 30 

to be returned 40 30 

penalty for failure to return .' ' 40 30 

Relationship, law concerning in employing teachers 21 13 

Removal of Officers 5 

Removal of Trustees 22 13 

Removal of Teachers • • ■ • • , 21 '13 

Reports : 

of trustees 28 20 

of teacher, monthly 40 30 

of secretary 28 21 

County Superintendents', of enumeration 27 19 

County Superintendents' to State Superintendent ... 29 22 

of truant officers 19 10-a 

of principals of normal schools 84 95 

of State Superintendent to Governor 73 67 

of county institutes .' 41 30 

Revokement of Certificates 35 5 

Revision of Action of Trustees 20 12 

Right of Appeal in Examinations 36 9 

Salary of State Superintendent: 71 63 

• .• to be deducted from General School fund 70 60 

Salary of County Superintendent 58 53 

how 'determined 58 53 

for last quarter, paid when 59 53 

Salary of Secretary of Board of Education 16 8 

paid by whom 16 8 

Salary of Teachers: 

rate of to be determined by grade of certificate 14 6 

fixed by Board of Education 14 6 

minimum of . 14 6 

of truant officers 19 10-a 

of institute instructors 41 30 

Sale of Property: 

consent to by County Superintendent 43 33 

proceeds of sale 43 33 

Sale of School Houses at Public Auction 43 30 

Saturday not Included in School Month '. 40 30 

Schools: 

kindergarten 33 26-a 

may be discontinued ; when 22 13 

separate for colored pupils 25 17 

(See also Free Schools.) 



Page. 


Sec. 


17 


10 


62 


57 


62 


57 


62 


57 


62 


57 


62 


57 


63 


57 


63 


57 


63 


57 


64 


57 


64 


57 


64 


57 


64 


57 


50 


42 


70 


61 


71 


62 



144 Index 



School Age 

School Book Board: 

general provisions in regard to 

members of, how appointed 

compensation of 

quorum 

vacancies, how filled ' 

first meeting of 

secretary of 

to secure terms and fix retail prices 

action in case publisher fails to carry out contract . . 

not to change more than one book or series in one 
year, except •. . . 

to meet three months before expiration of contracts . . 

dealers to get same prices as boards 

School Fund, the General: 

local levy necessary to get share of 

amount for distribution to be certified by Auditor . . . 

warrants to be issued by Auditor ; when 

Auditor to report condition of to State Superintend- 
ent; when 73 68 

School Fund, the Permanent: 

(See Permanent School Fund.) 
School Houses: 

use of for other than school purposes 23 15 

to be provided by Board of Education 44 34 

to be examined by president of board 43 33 

how to be located 16 ' 9 

for union schools, how provided 44 34 

plan to be approved by County Superintendent 45 35 

how sold at public auction 43 33 

proceeds of sale 43 33 

title to property on which are located 44 34 

School Laws to be Published and Distributed 72 65 

School TuBYj: 

ballot used in voting on 12 2-a 

(See also "Levy.") 
School Month: 

consists of twenty days 40 30 

does not include Saturday 40 30 

School Officers: 

not to be interested in contracts 44 34 

not to act as agents 61 57 

not be interested in sale of books — Constitution .... 9 
School Order: 

endorsement of by Sheriff 55 46 

School Privileges, who may have them 17 10 

School Supplies to be Distributed by County Superintendent ■ 61 55 



Index 145 

Page. Sec. 
School Term: 

trustees may order to begin any month 50 41 

(49 41 

increase in length of <-^-^ 2 

minimum length of 49 40 

School Year: 

to commence and end, when 30 23 

all settlements to be made with reference to 30 23 

calendar of Front 

Secretary of Board of Education: 

appointment of 15 8 

to give notice of special election 12 2 

to sign orders on Sheriff 14 6 

may administer oaths 16 8 

official records to be kept by 15 8 

to publish abstra.ct of proceedings, when 15 8 

to certify value of property, rate and amount of levy 15 8 

to keep record of enumeration and to certify to ... . 27 19 

to make report of colored schools 28 21 

to file teacher's term register 40 30 

to publish statement 52 45 

compensation of 16 8 

remuneration for report 29 21 

report to County Superintendent 28 21 

additional report to County Superintendent 28 21 

to sign depositary's list of books 66 57 

to have charge of free text-books and deliver same 

to teachers 69 58-a 

remuneration for handling free text-books 69 58-a 

Secretary of County School Book Board: 

County Superintendent to be 62 57 

to keep record of business 63 57 

to keep record of votes 63 57 

to report to State Superintendent 63 57 

to furnish State Superintendent with names of 

publishers 64 57 

Settlement of Sheriff: 

with county court 54 46 

with boards of education 54 46 

Settlement to be Made with Reference to School Year 30 23 

Sheriff: 

to receive, collect and distribute school moneys 53 46 

required to give special bond; when 53 46 

to collect levies on boards of education 51 44 

to pay teachers monthly 40 30 

to serve notice on members of Board of Education. . 11 2 

annual settlement of, with County Court 54 46 



146 



Index 



Page. 

to keep accounts with, the several boards of education 53 

settlement of, with boards of education 54 

to be credited with delinquent taxes 54 

to be credited with all vouchers on hands 54 

not to receive pay for disbursing State fund 54 

commission of for disbursing railroad taxes 54 

judgment against may be obtained; how 55 

may be required to endorse school order 55- 

to return delinquent lists 55 

oath of, to delinquent lists 56 

to receive delinquent lists of personal property .... 57 

commission for collecting district levies 57 

liable if he refuse to pay order 55 

penalty for failure to make settlement 57 

duty of on making annual settlement 57 

action to be taken against by prosecuting attorney; 

when 58 

to give duplicate receipts to depositaries 66 

to receive portion of General School fund 71 

to turn over balances to successor 58 

truant officers to report to 19 

Special Bond of Sheriff 53 

Special Election for Lev3^ 12 

Special Levy 49 

Special Election for School Purposes 11 

secretary to give notice of 12 

State Board of Examiners: 

of whom to consist 38 

how appointed and term 38 

meetings and stated examinations 38 

grades of certificates granted by 38 

certificates issued by to graduates, etc 39 

compensation and traveling expenses 39 

certificates valid where 39 

certified account of to State Superintendent 39 

fee charged applicants 39 

record of proceedings of 39 

State Certificates: 

classes of 38 

to whom issued 39 

countersigned by State Superintendent 39 

valid in any school district 39 

fees for * 39 

Statement to be Published by Secretary of Board; when 52 

State Normal School and Its Branches: 

constitutional provision concerning 9 

establishment of 80 . 

rules and regulations 81 

regents of, how appointed ; duties 80 



Sec. 
46 

46 
46 
46 
46 
46 
46 
46 
47 
47 
51 
52 
46 
52 
52 

52 
57 
62 
52 
10-a 
46 
2-a 
40 



29-a 
29-a 
29-a 
29-a 
29-a 
29-a 
29-a 
29-a 
29-a 
29-a 

29-a 
29-a 
29-a 
29-a 
29-a 
45 



87 
88 
87 



Index 



147 



• Page. 

number of students appointed 81 

executive committee of, how appointed; duties 82 

branch of at Fairmont 82 

branch of at West Liberty 83 

branch of at Glenville 83 

branch of at Shepherdstown 83 

branch of at Concord 83 

report of principals of 84 

students admitted 81 

earnings of .... 1 84 

no new branches to be established 9 

unearned portion of appropriation for 85 

dealing with students of 85 

State Superintendent: 

constitutional provision concerning 7 

qualifications of 71 

expenses, limit of 71 

to have general regulation and control of Uniform 

Examination System 33 

may revoke certificates 35 

to prescribe Manual and Graded Course 19 

to prescribe and furnish blanks for taking enumer- 
ation 27 

to countersign certificates 39 

to prescribe form of registers 40 

to fix place of holding institutes 41 

to employ institute instructors 41 

to prescribe graded course of institute work 41 

to draw warrants on Auditor for County Super- 
intendents' salaries 59 

to ascertain amounts of General School fund by 

counties 70 

salary of, how paid 71 

office of to be kept where 72 

to provide seal for his office, etc 72 

to sign requisitions of Auditor 72 

to have supervision of County Superintendents .... 72 

to prescribe and prepare all forms and blanks 72 

to publish and distribute school law 72 

to correspond with educators and school officers.... 72 

to make report to Governor 73 

member of Board of School Fund 73 

member of Board of Regents Bluefield Colored In- 
stitute 100 

member of Board of Regents West .Virginia Colored 

Institute 91 

member of Board of Regents State Normal Schools . . 80 
member of Board of Regents Montgomery Prepar- 
atory Branch 98 



Seo. 
88 
89 
90 
91 
92 
93 
94 
95 
88 
96 
11 
97 
98 



63 
63 

1 
5 

11 

19 

29-a 

30 

30 

30 

30 

53 

61 
63 
64 
64 
64 
65 
65 
65 
66 
67 
69 



87 



148 



Index 



• Page. 
member of Board of Regents Keyser Preparatory 

Branch 101 

to prepare diplomas for normal schools 82 

to notify County Superintendents of failure of pub- 
lishers 64 

State Tax: 

(See Taxation.) 
Students : 

giving credit to prohibited 85 

Sub-Districts : 

change in 16 

appeal from decision of board concerning boundaries 

of 16 

Substitute Teachers 38 

Suit by Trustees 23 

Suspension and Expulsion of Pupils 22 

Supervision, General of Schools 7 

Tax: 

capitation, how appropriated 6 

capitation, exemption from 6 

state, rate of 70 

Taxes, County, not to exceed, etc 6 

Taxation : 

maximum rate of by counties 6 

power of Legislature in 6 

Teachers : 

schools must be provided with 17 

required to pass examination in certain branches .... 34 

form of contract between trustees and 113 

may be removed for what 21 

how to be paid 40 

to keep daily register 40 

to keep term register 40 

to make monthly reports 40 

to take enumeration 26 

charged with duty of moral training 43 

exempt from certain duties 27 

exempt from institute attendance; when 42 

to be examined in physiology and hygiene 20 

substitutes for ^ 38 

not to act as agents 61 

liable for using unauthorized text-books 68 

to exercise general control over free text-books .... '69 

failing to attend institute 42 

colored, training of 84 

fine for violation of law 69 

penalty for failure to attend institutes 42 

pay for attending county institute 41 



Sec. 



57 



98 



9 

28 
15 
13 



60 



10 
4 

13 

30 

30 

30 

30 

19 

32 

19 

30 

11-a 

28 

57 

57 

58-a 

30 

96 

59 

30 

30 



Index 149 

Page. Sec. 

pay for attending district institute 59 53 

to display flag 103 

in Icindergartens 33 26-a 

number of in district 13 6 

employed by whom 21 13 

Teachers' Certificates : 

(See Certificates.) 

Teacher's Contract: 

form of 113 

to be furnished by State Superintendent 21 13 

with whom to be filed 21 13 

certain persons excluded from contracting 21 13 

Teachers' Fund: 

annual levy for 48 40 

maximum rate of levy for 49 40 

used only to pay . salaries 49 40 

board compelled to lay levy for 49 40 

special levy for, when made 49 40 

Teachers' Institutes: 

(See Institutes.) 

Teachers' Salaries: 

(See Salary of Teachers.) 

Term, the School: 

f49 41 

increase in length of <-,-, o 

minimum length of 49 40 

trustees may order to begin any month 50 41 

Term Register, failure to return , 40 30 

Text-Books : 

free, by Board of Education 68 58-a 

provisions of county adoption law 62 

optional text-books 103 

teachers liable for using unauthorized 68 57 

paid for out of building fund 67 57 

njay be purchased from pupil 67 57 

depositories for 65 11 

(See also Books.) 

Tie Vote for Member of Board of Education 11 

for County Superintendent 11 

Title: 

to certain lands 46 37-a 

to property on which school buildings are located ... 44 34 

to joint property 44 34 

to lands donated 46 37-a 

Training of Colored Teachers 84 96 

Transfer of Pupils: 

may be made when 20 12 

for what reason 20 12 



150 Indes 

Page. Sec. 

tuition for pupils transferred 21 12 

Truants, reports concerning 18 10-a 

Truant Officers: 

appointment of IS 10-a 

duties of 18 10-a 

compensation of 19 10-a 

report of 19 10-a 

Trustees : 

wtien appointed and length of term 13 4 

time in vhich to qualify 13 5-a 

quorum of 25 16 

to be under supervision and control of Board of 

Education 20 12 

action of subject to revision 20 12 

removal of fi'om office 22 13 

vacancy in office; how filled 13 5 

have charge of school 21 13 

may remove teacher for what 40 30 

cannot change teachers' salaries 14 6 

may exclude whom from school 22 13 

may suspend or expel pupils 22 13 

action of expulsion riiay be reviewed by board 22 13 

may discontinue school, when 22 13 

to visit school 23 14 

duties of when visiting school 23 14 

to offer suggestions to teachers 23 14 

duty of regarding school houses 23 15 

may sue in name of Board of Education 23 15 

may permit school houses to be used for what 23 15 

to furnish board with estimate of improvements. ... 24 15 

to keep account of expenses 25 16 

penaltj^ of for receiving money for vote 22 13 

may purchase what 25 16 

how bills contracted by, are to be paid 25 16 

to establish colored schools; when 25 17 

to keep flags on school houses 103 

to make report to secretary 28 20 

not to employ teacher who has not attended institute 42 30 
to see that school houses are kept clean and fires 

made 43 32 

not to be interested in contracts 44 34 

may be fined in certain cases 51 44 

may order schools to begin any month 50 42 

not to act as agents 61 57 

individually responsible in what case 52 45 

Tuition: 

who to pay 17 10 

for tronsferred pupils 21 12 

rate of to whom paid, how applied 17 10 



Index 



151 



Page. Sec. 

Union Institutes ■. 61 55 

Union Schools: 

how established 44 34 

title to property, how vested 44 34 

colored 26 17 

houses for 44 34 

University, The West Virginia: 

establishment and name of 75 77 

agricultural college 75 76 

board of regents 76* 78 

courses of study 77 79 

rules and regulations 77 80 

officers of , 77 80 

departments of 77 81 

graduation of students 79 85 

appointment of cadets 77 82 

cadets to have free text-books 78 83 

expenses of regents 78 84 

endowment fund, how invested 79 86 

investment of land fund 79 86 

Use of School Houses for Other Than School Purposes 23 15 

Vacancy : 

in board of education, how filled 13 5 

in board of examiners 37 11 

in county school book board 62 57 

in board of regents university 76 78 

in board of regent, schools for Deaf and Blind.... 86 98-a 

in board of directors. Reform School 93 98-c 

in office of trustee 13 5 

in office of County Superintendent 60 53 

in Board of Education 13 5 

Validity of Certificates 35 6 

Valuation of Real Estate to be Certified to Secretary of 

board by County Clerk 50 43 

Valuation of Property to be Certified to State Superintend- 
ent by County Superintendent 16 8 

Visitation of Schools by County Superintendent 60 54 

West Virginia University: 
(See University.) 

West Virginia Colored Institute: 

how and under what provisions established 89 98-b 

name and location of 91 98-b 

board of regents of ■ 91 98-b 

build?ngs and appropriations for 93 98-b 

West Virginia Reform School: 
(See Reform School.) 

West Virginia Schools for Deaf and Blind: 

name of 85 9S-a 



153 Index 

Page. Sec. 

board of regents of 85 98-a 

duties of principal of 87 98-a 

general regulations and provisions for 87 98-a 

duties of county officers in respect to 88 98-a 

Wheeling, City of: 

free schools of not affected by general law 75 75 

superintendent of 75 75 

White and Colored Persons Not to Attend Same School 25 17 

Year: 

(See School Year.) 
(See Calendar.) 



INDEX TO OPINIONS AND DECISIONS. 



Page. Nuk. 

Abstract of Sheriff's settlement not to be paid for 55 117 

Accounting for all children enrolled 42 85 

Additional levy for high schools 31 55 

f33 59 

Additional levy j 49 -^q^ 

Admission or exclusion of pupils 19 20 

Appeal from decision of trustees concerning use of school 

house 24 37 

Appeal to County Superintendent, in what cases 17 18 

Appointment of Examiners 37 J 63 

[64 

Appointment of person to fill vacancy of president 13 3 

Apportionment of General School Fund by county Superin- 
tendent, should be reported to State Superintendent 30 51 

Approval of plans for school house 45 9S 

Appropriation for Normal Schools 

Attendance, normal school students 

Auditor to certify to county superintendent, amount of rail- 
road levies due 

Balance due Building Fund or Teachers' Fund 

Board of Education: 

should have sheriff collect taxes, for graded school.. 

can not sell coal underlying school property 

failing to agree on location of school nouse 

can not lease school property for oil and gas.. 44 

not liable for Sheriff's overdraft 

maj^ purchase what 48 

can not require trustees to employ teachers of cer- 
tain grade 14 11 



85 


134 


84 


133 


73 


12& 


48 


102 


33 


60 


44 


91 


45 . 


9G 


44 


91 


55 


115 


48 


101 



Index 153 

Page. Num. 

fixes term of school for whole district 14 7 

must provide for payment of teachers 22 30 

may exceed twenty-five cent levy 49 106 

can not declare all schools in district graded schools. 33 56 

Board's duty to lay levies 48 100 

may be compelled to levy 49 107 

violates law, when 49 108 

not liable to sheriff, when 55 115 

not to pay fee to county clerk for what 55 117 

Board of examiners, presidents of independent districts 

should help elect 37 61 

Board of examiners, not more than two names for to be 

proposed at one time 37 62 

f37 63 

Board of examiners, who eligible j 38 75 

Board of examiners, county superintendent names candidates 

for 37 65 

Board of examiners, members of must take oath 37 66 

Board of examiners must hold No. one certificates or 37 64 

Boundaries of districts, changes in 17 16 

and 18 

Books and Supplies may be ordered by teachers 62 126 

Book board may change but one book or series in one year. . 69 127 

Building fires 43 90 

Building of school houses optional with boards 17 17 

Certificate of No. 1 grade, or equivalent, must be held by ex- 
aminer 38 75 

f38 72 

Certificates of substitute teachers -j 22 28 

Certificates, state, to be issued to graduates 40 78 

Changes in boundaries of district, when to take effect 17 16 

Change of residence of members of board 12 2 

Coal underlying school property can not be sold by board 44 92 

Collection of taxes for graded schools 33 60 

Colored Schools, their privileges and rights 26 41 

Colored children, special arrangement for; when 26 42 

Colored Children, schools for 26 43 

Coal, underlying school property 44 91 

Compulsory Law, applicable to Wheeling 19 19 

Condemnation proceedings 46 99 

Contract illegal ; when 33 56 

Contract for erection of building • • • • 53 112 

Correct Enumeration, its importance 28 44 

Correction of levy 48 104 

Correction of error in settlement 55 113 

County clerk not entitled to fee for what 55 117 

County Officers 4 1 

County Superintendent: 

to approve plans, importance of this duty 45 98 



154 



Index 



Page. Num. 



not alone responsible for introduction of graded 

course of study 

report of, time of making 

report must be full and accurate 

selects site for school house; when 

approval of plans by 

to notify Auditor when levy is voted down 

can be notary public 

to fill vacancies on board of education 

should not pay secretaries until when 



salary of regulated by number of schools 

to report to State Supt. the apportionment of General 
School Fund 

to name candidates for board of examiners 

must remit to Auditor half examination fees 

Decision of board final in matters pertaining to use of school 

house 

Deed for school lot may be had by process of law; when 

Delinquent list to be furnished to secretaries by county clerks 

Districts, Independent, definition of 

Districts not to receive proporton of School Fund until when. 

Draft of order on Sheriff 

Duty of visiting school ; obligatory upon trustee 

Employment of teachers 

Employment of substitute teachers 



Enumeration, correct, importa,nce of 

Enumeration of schools opening after April first. 

Error in settlement, correction of 

Examiners, appointment of 



Examination fee 

Exceeding limit of levy 

Exceeding available funds in contracting for building 
Existing indebtedness 

Excuse exempting from institute attendance 



Failure of board to agree on location of school house 

Failure or refusal of sheriff to pay draft 

Failure of sub-district to have school 

Fee, examination 

Financial affairs must be closed up at end of each school year. 

First cousins 

First visit to school, of trustee 

Fine, presidents of boards subject to, for what 



20 


23 


30 


50 


60 


119 


45 


97 


45 


98 


50 


109 


60 


121 


13 


5 


;60 


122 


16 


14 


"60 


123 


30 


51 


37 


65 


37 


69 


24 


37 


45 


94 


57 


118 


75 


130 


71 


128 


55 


114 


23 


33 


22 


28 


'38 


72 


1^ 


28 


"28 


44 


30 


52 


55 


113 


37 


61 




to 76 


37 


69 


49 


105 


53 


112 


49 


108 


43 


87 


45 


96 


55 


114 


14 


8 


37 


69 


30 


54 


23 


31 


23 


34 


38 


71 



General School Fund distribution to be reported. 



30 



51 



Index 155 

Page. Num. 

Graded Course of Study, enforcement of 20 23 

Graded Schools 33 56 

and 57 

Graduates of University and Normal Schools 40 78 

Gross Violation of official duty 38 71 

High Schools, levy for 31 55 

Illegal contract '. 33 56 

Increase in length of term 49 106 

Indebtedness, existing 49 108 

Independent districts, definition of 75 130 

Intitutes may be held; when 42 80 

Institute attendance 42 82 

Institute district, held on Saturday 60 124 

Institute per diem, payment of 42 79 

Insurance paid for destruction of building 48 103 

Instruction in all branches, when not required 19 21 

Interest in contracts a misdemeanor 45 95 

Interference of trustees 19 21 



Leasing school property for oil and gas purposes 44 92 

Length of term . . . .- 



^49 106 



f48 100 

Length of term, increase in 49 106 

Length of term for union schools 45 93 

Levy, additional for high schools o 31 55 

(49 105 

Levy, additional limit of < oo rq 

Levy for Teachers' Fund 48 100 

Levy for building fund 48 100 

Levy, correction of 48 104 

Levy voted down, duty of County Superintendent 50 109 

Levy, exceeding limit of 49 105 

Levy and rate of taxation^ when laid 51 110 

Levies, duty of boards concerning 48 100 

Literary meetings may be held in school house 24 36 

Location of school house, failure to agree upon 45 96 

Mandamus, writ to compel board to lay levy 49 107 

Maps, dictionaries, power of boards to purchase 48 101 

Meetings of board, by whom called 16 15 

Member of board of education, change in residence of 12 2 

when to qualify 13 6 

[63 

Members of board of examiners, who eligible 37 



164 
Misdemeanor for school officers to be interested in contract. . 45 95 

Monthly Summary to be carefully examined 42 81 

Non-attendance at institute, excuse for ... 43 87 



156 Index 

Page. Num. 

Non-membership 42 84 

Normal Schools, earnings of 84 133 

Normal Schools, appropriation for 85 134 

Normal School students may teach one term 82 131 

Normal School students may review free of charge 82 132 

Notary Public, County Superintendent may hold office of.... 60 121 

Oath as to enumeration 28 45 

Oil and Gas, lease of school property for 44 92 

Order payable by board, issued by whom 42 86 

Officers of town corporations acting as school board 14 9 

Pay of officers of town corporations acting as school board for 

independent districts 14 9 

Pay of person succeeding another as member of board of ed- 
ucation 14 10 

Payment of institute per diem 42 79 

Payment of indebtedness out of current levy 49 108 

Per cent, of attendance and absence 42 84 

Penalty upon Sheriff refusing to pay draft 55 114 

Petition for increase in term 33 58 

Powers of Trustees 25 40 

President of Board of Education — vacancy 13 3 

President of board may appoint on board of examiners only 

persons nominated by County Superintendent 37 67 

Presidents and Secretaries to issue orders 42 86 

Presidents of boards should not avoid appointment of exam- 
iners 38 71 

President of board may not be a member of board of exam- 
iners ; 37 68 

President of board in independent districts should help elect 

examiners 37 61 

Prohibition on account of relationship 23 31 

Punishment of pupils 22 29 

Purchase of maps, etc 48 101 

Relationship, exclusion 23 31 

Removal of residence of member of board 12 2 

Refusal of land owner to make deed 45 94 

Residence of persons elected to office. 12 1 and 2 

Report: 

of "secretary completed, when 29 48 

annual, of trustees 28 46 

secretary's annual, completion of 16 14 

of levy by secretary 29 49 

of County Superintendent, time of making 3C 50 

of County Superintendent, must be full 

and accurate 60 119 

Salary of County Superintendent depends on what 60 123 

Sale of old school houses 44 91 



Index 



157 



Page. Num. 

Sale of coal underlying school property 44 92 

School, what constitutes 60 120 

School book board may make but one change, except 71 128 

School, reported in old year; when 42 83 

Schools for colored children 26 41 

f30 53 

Schools opening near close of school year jgo 47 

School house, right of Board to sell 29 47 

(35 

School houses may be used for other than school purposes. . 24 ^gg 

School officers not to be interested in contracts 45 95 

School officers must take oath 37 66 

School orders in payment of taxes 55 116 

Secretary of board, his term of office determined by will of 

board 16 13 

to be paid when 16 14 

may administer oath as to enumeration 28 45 

to examine teachers' monthly summary 42 81 

not to be paid until when , . 29 48 

(16 14 

annual report ^29 48 

report of levy 29 49 

Security may be required of society using school house 24 38 

Selection of site for school house 45 96 and 97 

Select schools may be held in school house, when 24 39 

Sheriff's overdraft 55 115 

Sheriff should be employed to collect taxes for graded 

school 33 60 

Special provision for colored children; when 26 42 

Students of Normal Schools may teach one term of school 

year 82 131 

Sub-districts failing to have school in any year 14 8 

(38 72 

Substitute teachers, certificates of < 22 28 

Superintendents can be appointed for only one year . . 23 32 

Taxes, for graded schools, collection of 33 60 

Teachers: 

have no authority, to admit or exclude pupils, ex- 
cept 19 20 

are school officers 16 12 

have right to punish pupils 22 29 

can not claim pay for attendance at district institute 

on Saturday 60 124 

can not contract for school then employ substitute. . 38 72 

may order supplies for their pupils 62 126 

substitute 38 72 

. .^ . (48 100 

Term, length of j^^ ^^g 

extension of into another year 40 86 



158 



Index 



Page. Num. 

Term of school fixed by whom 14 7 

Theory and Art of teaching 19 21 

Time of holding institute 42 SO 

Title to school property 44 91 

Transfer of pupils 21, 24 26 ' 27 

Trustees: 

have right to emploj' teacher of any grade 14 11 

should not interfere 19 22 

must visit schools 23 33 

may allow school houses used for other purposes 24 35 06 

their powers 25 40 

revision of acts of by board 25 40 

may purchase what 25 40 

may not employ teachers without certificates 22 2S 

may teach in any 'district other than their own 38 76 

may not employ persons related to them 23 31 

Violate oath ; when 43 88 

can appoint teachers and superintendents for only 

one year 23 32 

Trustees and members of board to qualify when 13 6 

Trustee's annual report 28 46 

Tuition of transferred pupils 21 25 

Union School, term of 45 93 

Vacancy in office of county superintendent 13 4 

in board of education 13 5 

Value of house and site not included in what 53 112 

Visiting schools obligatory upon trustees 23 33 

Vote on levy, when required 33 57 

Vote on levy, time of taking 33 59 

Voting down levy, county superintendent's duty 50 109 

Voluntary abandoning of school by teacher , 42 79 

Wheeling, compulsory law applicable to 19 19 



L BRARY OF CONGRESS 



019 748 525 5 



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